L. Stanic

The defendant brought an anti-SLAPP motion to dismiss a defamation action commenced by a drag performer and a 2SLGBTQI organization.

The action arose from a Facebook post by the defendant that referred to the plaintiffs as 'groomers' in the context of a drag story-time event.

The court dismissed the motion, finding that the expression did not relate to a matter of public interest, but rather perpetuated harmful myths and stereotypes about the 2SLGBTQI community.

The court further held that the defamation claim had substantial merit, the defence of fair comment had no real prospect of success, and the public interest in allowing the plaintiffs to defend their reputations outweighed any public interest in protecting the expression.

The plaintiff brought a motion for leave to amend its statement of claim to add allegations of secret commissions and intentional interference with economic relations, and to disqualify the defendants' counsel from acting for a proposed new defendant.

The defendants brought a cross-motion for case management and a timetable.

The court denied the contested amendments without prejudice, finding the plaintiff failed to plead full particulars as required by Rule 25.06(8).

The court also dismissed the motion to disqualify counsel, finding no clear evidence of a conflict of interest.

Case management was denied, but a timetable was ordered.

Costs of $10,000 were awarded to the defendants.