Justin Hempel

The plaintiff, a retired teacher, brought an action for defamation and intentional infliction of emotional suffering against a school board and its chairman after she was stopped from presenting at a board meeting and the chairman subsequently made public comments characterizing her presentation as transphobic and hateful.

The defendants brought an anti-SLAPP motion under s. 137.1 of the Courts of Justice Act to dismiss the action.

The court dismissed the motion regarding the defamation claim, finding it had substantial merit, there were no valid defences, and the harm to the plaintiff outweighed the public interest in protecting the chairman's expression.

The claim for intentional infliction of mental suffering was dismissed.

The applicant employer sought judicial review of an Ontario Labour Relations Board (OLRB) decision upholding an order to pay statutory termination and severance pay to a former employee.

The employee had been terminated for off-duty, intoxicated misconduct involving threats to a co-worker.

The employer argued this constituted 'wilful misconduct' exempting the employee from statutory entitlements.

The Divisional Court applied a reasonableness standard of review and found the OLRB's contextual assessment of the misconduct—considering the employee's 14-year tenure, lack of prior discipline, and intoxication—was reasonable.

The application for judicial review was dismissed.