The court granted default judgment against a defendant for intentional infliction of emotional distress and false light after she helped an incarcerated murderer create a defamatory website about his daughter.
The plaintiff, Kimberly Gillespie, brought a motion for default judgment against the defendant, Diana Tilbert, for failing to file a statement of defence.
The action alleged intentional infliction of emotional distress, publicity placing the plaintiff in a false light, and civil conspiracy.
These torts stemmed from Tilbert's alleged assistance to the plaintiff's incarcerated father, George Fraser, in creating and disseminating a defamatory website that blamed the plaintiff for her mother's murder.
The court found Tilbert liable for intentional infliction of emotional distress and publicity placing the plaintiff in a false light, but dismissed the claim for civil conspiracy due to insufficient pleading particulars.
The issues of quantum of damages and costs were reserved for further submissions.
SCJSuperior Court of JusticeJan 20, 2023
