Doug Wallace

This is an appeal from an order dismissing an action, primarily sounding in defamation, under Ontario's anti-SLAPP legislation (s. 137.1 of the Courts of Justice Act).

The motion judge had dismissed the action, finding that the plaintiff (appellant) had not discharged his burden under s. 137.1(4).

The Court of Appeal found that the motion judge erred in his consideration of the respondents' defences to the defamation claims and in his weighing of the public interest in the expressions against the plaintiff's interest in proceeding.

The Court of Appeal concluded that the plaintiff had established grounds to believe the action had substantial merit and the respondents had no valid defence, and that the public interest in permitting the action to continue outweighed the public interest in protecting the impugned expressions.

The appeal was allowed, and the action was permitted to proceed in its entirety.

The plaintiff brought an unopposed motion for approval of a negotiated settlement and class counsel fees in a class action arising from the defendant's failure to follow public health standards in sterilizing medical instruments at its wound care clinics.

The court approved the settlement, which established a $195,000 fund to compensate the Infected Persons Class, finding it fair, reasonable, and in the best interests of the class.

The court also approved class counsel fees of $112,078.93 and a representative plaintiff honorarium of $1,500.

This endorsement addresses costs and damages following the dismissal of the plaintiff's anti-SLAPP action against several defendants.

The court applied the presumptive full indemnity costs rule under s. 137.1(7) of the Courts of Justice Act, finding no reason to depart from it given the retaliatory nature of the plaintiff's litigation and his failure to provide a costs outline for comparison.

The court fixed costs for each successful defendant, making minor reductions from the amounts claimed.

While damages were sought by two defendants under s. 137.1(9), only one was awarded, as the court found the other defendant's conduct contributed to her stress, making a damages award inappropriate.

This is an appeal of an arbitration decision concerning a priority dispute between two insurance companies, Intact and Gore Mutual, regarding statutory accident benefits for a claimant injured in an Alberta automobile accident.

The claimant, an Alberta resident, submitted an Ontario claim.

The arbitrator found Gore Mutual in greater priority under both Ontario and Alberta law and ordered reimbursement to Intact.

The Superior Court allowed the appeal, finding the arbitrator's decision on Ontario law unreasonable because the claimant was not an "insured person" under Gore Mutual's Ontario policy.

The court also held that the arbitrator exceeded jurisdiction by determining priority under Alberta law and ordering reimbursement based on it, as the arbitration agreement was limited to Ontario legislation.