Julie Lowenstein

This decision resolves a carriage motion between three proposed class actions seeking damages for investors in The Toronto-Dominion Bank, arising from alleged misrepresentations and failures to disclose anti-money laundering (AML) deficiencies.

The court concludes that the Parkin action is best suited to advance the class members’ claims efficiently and cost-effectively, considering the statutory criteria under the Class Proceedings Act, 1992.

The decision addresses the impact of late registration of a class proceeding, the legal framework for carriage motions, the comparative strengths and weaknesses of each action, and issues of funding and counsel experience.

This is an appeal from a motion judge's decision denying an anti-SLAPP motion brought by the appellant, Brooke Dietrich, under s. 137.1 of the Courts of Justice Act.

The respondent, 40 Days for Life, an anti-abortion organization, sued Dietrich for defamation, internet harassment, fraud, breach of contract, inducing breach of contract, and civil conspiracy, following her TikTok videos encouraging disruption of their prayer vigils and online operations.

The motion judge found that 40 Days for Life's claims for defamation, internet harassment, and conspiracy had substantial merit and no valid defence, and that the public interest in continuing the action outweighed the public interest in protecting Dietrich's expression.

The Court of Appeal upheld the motion judge's decision, finding no reviewable error in her assessment of the merits of the claims (specifically defamation and conspiracy) or in her public interest balancing.

The Court emphasized that Dietrich's expression, which encouraged disruption and interference with 40 Days for Life's operations, was of low value and not the type of counter-speech protected by anti-SLAPP legislation.

The appeal was dismissed with costs.