Defamation

The Centre for Free Expression (CFE) sought leave to intervene as a friend of the court in a civil appeal arising from the dismissal of a motion under s. 137.1 of the Courts of Justice Act (Ontario) in a defamation action.

The Court of Appeal for Ontario, per Roberts J.A., dismissed the motion for intervention, finding that while CFE had a clear mandate and interest in freedom of expression issues, its proposed submissions would not provide a distinct or useful contribution beyond those of the parties.

The court emphasized that intervention is to be granted sparingly, particularly in private disputes, and that the issues raised by CFE were already adequately addressed by the parties.

This costs endorsement follows the Court of Appeal’s decision allowing the appellants’ appeal in part.

The court found that the trial judge erred in requiring Mak Mera Limited to repay US$405,000 and in awarding $200,000 in defamation damages to James Bay Resources Limited.

The appellants were awarded costs of the appeal and, after submissions on trial costs, the court awarded the appellants $400,000 in trial costs, payable by James Bay, as a fair and proportionate amount in light of the appeal outcome and the parties’ relative success.

The court granted a vexatious litigant order against Abu Ubaida Amin and his corporations, barring them from instituting or continuing any legal proceedings in Ontario without leave of the court.

The decision details Mr. Amin’s extensive and unsuccessful litigation history, including numerous proceedings against a wide range of parties, repeated complaints to regulatory bodies, and persistent inappropriate communications with counsel and the court.

The court found that nearly all hallmarks of vexatious litigation were present and that Mr. Amin’s conduct placed an inordinate burden on the justice system.

Costs of $15,000 were awarded to the plaintiffs.

The Ontario Court of Appeal dismissed the appeal of Robert Paul Ireland from a judgment declaring his Facebook posts defamatory of the Ontario Federation of All Terrain Vehicle Clubs, ordering their removal, and enjoining further defamatory posts.

The court found no procedural unfairness or error in the application judge’s decision, holding that Mr. Ireland’s failure to file a notice of appearance precluded him from participating in the application, and that the Federation’s courtesy in providing him with information did not create further obligations.

The court also rejected arguments regarding service and limitations, and found no reviewable error in the application judge’s findings on defamation and available defences.

The court considered an anti-SLAPP motion under section 137.1 of the Courts of Justice Act, brought by the defendant, a municipal councillor, to dismiss a multi-claim action by a developer shareholder.

The claims included defamation, breach of fiduciary duty, interference with economic relations, champerty and maintenance, and misfeasance in public office.

The court found that the claims lacked substantial merit, were improperly pleaded, and largely belonged to the corporation, not the individual plaintiff.

The court also found that the public interest in protecting political expression and participation outweighed any interest in allowing the action to proceed.

The action was dismissed.

The Court of Appeal for Ontario dismissed Windrift Adventures Incorporated’s appeal from the dismissal of its defamation action under s. 137.1 of the Courts of Justice Act.

The court found no error in the motion judge’s conclusion that the action lacked substantial merit and that the harm suffered was not sufficiently serious to outweigh the public interest in protecting the respondents’ expression.

The court also rejected the appellant’s argument that a finding of “abuse” is required for dismissal under s. 137.1, clarifying that the test remains as set out in Pointes Protection Association.

The court considered a motion by the respondent, Robert Paul Ireland, to set aside a default judgment granted in favour of the Ontario Federation of All Terrain Vehicle Clubs.

The judgment, issued after Ireland failed to attend the hearing, declared certain statements made by him on Facebook to be defamatory and ordered their removal.

Ireland argued he did not attend due to accident, mistake, or insufficient notice.

The court found that he was properly served, aware of the proceedings, and intentionally chose not to participate.

The motion to set aside the judgment was dismissed.

The appellant, Leslie Arthur Swan, appealed the dismissal of his claim for conspiracy and defamation against several respondents, including a condominium corporation, its manager, and legal counsel.

The motion judge dismissed the action as frivolous, vexatious, and an abuse of process under rule 2.1.01 of the Rules of Civil Procedure, finding it was a collateral attack on earlier proceedings and statute-barred.

The Court of Appeal upheld the motion judge’s decision, finding no error and dismissing the appeal with costs to the respondents.

The appellant, Marnie Affleck, appealed the dismissal of her claim for negligent infliction of nervous shock and defamation against Sunrise Senior Living, Inc., Sunrise of Erin Mills, and several individuals.

The Court of Appeal upheld the trial judge’s findings, agreeing that the respondents’ actions were reasonable and that the defamation claim was not pleaded with sufficient specificity.

The court also found no error in the trial judge’s factual findings or costs award, and dismissed the appeal with costs.

The court considered written submissions on costs following the plaintiffs' success in two related defamation actions against the defendant.

The plaintiffs were awarded substantial indemnity costs in both actions, reflecting the court's view of the defendant's egregious conduct and the importance of deterrence.

The court rejected the defendant's arguments for lower costs and found the plaintiffs' bills of costs reasonable, noting the complexity and significance of the proceedings, including the involvement of expert witnesses and an intervenor.

The court considered written submissions on costs following the plaintiffs' success in two related defamation actions against the defendant, Brian Webster.

The plaintiffs were awarded substantial indemnity costs due to the egregious nature of the defendant's conduct and the failure to accept reasonable offers to settle.

The court found the plaintiffs' costs reasonable and rejected the defendant's arguments for lower costs, emphasizing the importance and complexity of the proceedings and the impact on the drag community.

The plaintiff, Ari Lesser, brought a motion for a Norwich order compelling Change.org to produce subscriber information identifying the creator of a petition that allegedly defamed him.

The court reviewed the legal test for granting a Norwich order, including the necessity of the information, the relationship between the applicant and the third party, and the interests of justice.

The court found that all criteria were met and granted the order, allowing the plaintiff to obtain the requested information from Change.org.

This decision concerns a dispute between two couples and their closely held corporations over the ownership and operation of "Tiki" boats in Wasaga Beach, Ontario.

The court found that no binding joint venture or operator agreement was reached, and that the only enforceable contract was the sale of the boats to the plaintiffs.

The defendants' unilateral actions with Transport Canada and defamatory statements on social media led to findings of breach of fiduciary duty and defamation, resulting in damages and punitive damages awarded to the plaintiffs.

The court considered a motion by LLF Lawyers LLP to dismiss the action against them on the basis that the statement of claim disclosed no reasonable cause of action.

The plaintiffs alleged that confidential information was disclosed by an LLF employee to her spouse, who then defamed the plaintiff.

The court found that the statement of claim, as supplemented by particulars, disclosed a cause of action in favour of Michael Kelsey against LLF Lawyers LLP, and dismissed the motion as against him.

The action by The House Consulting Group Inc. was dismissed for not pleading a lawyer-client relationship or disclosure of its confidential information.

The court dismissed Steven Howell’s defamation action against Tracy Cullen, Manager of Licensing at the Registered Insurance Brokers of Ontario (RIBO), as frivolous and vexatious.

The court found that Ms. Cullen was protected by statutory immunity for actions taken in good faith within the scope of her employment, and that Mr. Howell’s claim disclosed no reasonable cause of action.

The court also fixed costs against Mr. Howell in the amount of $15,000.

The court granted the defendants' motion to strike the Amended Statement of Claim in its entirety, with leave to amend, on the grounds that it amounted to an abuse of process and was time-barred by the 15-year ultimate limitation period under the Limitations Act, 2002.

The claim, brought by G. Scott Paterson against the Royal Bank of Canada and others, alleged a campaign of defamation and economic interference culminating in regulatory proceedings by the Ontario Securities Commission.

The court found that the claim sought to re-litigate issues already settled by the OSC and that Paterson was aware of the essential facts giving rise to his claim well before the expiry of the limitation period.

The court granted summary judgment in two related libel actions brought by Rainbow Alliance Dryden, Caitlin Hartlen, Felicia Crichton, and John-Marcel Forget against Brian Webster.

The plaintiffs alleged that Mr. Webster published defamatory posts on Facebook, falsely associating them with grooming and sexual predation of children.

The court found the posts were defamatory, identified the plaintiffs, and were published to third parties.

The court rejected Mr. Webster’s defences, including fair comment, and found he acted with malice.

General and aggravated damages were awarded to each plaintiff.

The court denied the defendant’s motion to strike the plaintiffs’ defamation claim under Rule 21, finding the claim disclosed a reasonable cause of action and was not frivolous, vexatious, or an abuse of process.

The court also declined to remove the plaintiffs’ counsel for conflict of interest, refused to prohibit the defendant from bringing further motions without leave, and declined to order that a single judge be seized of all pretrial matters.

A litigation timetable was imposed by consent, and costs were awarded to the plaintiffs.

The court dismissed a defamation action brought by UM Financial Inc., Omar Kalair, and Yusuf Panchbhaya against Ronald Butler and Butler Mortgage Inc. The plaintiffs alleged that a social media post by Mr. Butler defamed them by referencing a halal mortgage organization that "ripped off its clients years ago & embezzled people’s money." The court found that UM Financial lacked standing as an undischarged bankrupt, and that the impugned words did not refer to the plaintiffs specifically.

The court also found that the plaintiffs failed to show substantial merit to their claim, failed to show the defendants had no valid defences, and failed to demonstrate that the public interest in allowing the action to proceed outweighed the public interest in protecting the expression.

The action was dismissed under the anti-SLAPP provisions of the Courts of Justice Act.

This decision concerns a motion by Paula Boutis to amend her statement of claim in an employment and civil liability action against The Corporation of the County of Norfolk, the Board of Health for Haldimand-Norfolk Health Unit, Kristal Chopp, and Jason Burgess.

The court reviews the proposed amendments, including new causes of action such as breaches of the Human Rights Code, intrusion upon seclusion, intentional interference with contractual relations, negligent infliction of mental suffering, and defamation.

The court applies the principles governing amendments to pleadings, limitation periods, and the rules of pleading, granting or refusing leave to amend specific paragraphs accordingly.