Michael Alexander

The College of Physicians and Surgeons of Ontario sought costs following successful applications against three physicians who failed to cooperate with regulatory investigations related to COVID-19.

The court rejected arguments that the respondents were public interest litigants or entitled to costs despite partial success.

Costs were awarded to the applicant on a partial indemnity scale against all three respondents, totaling approximately $40,000.

The plaintiff brought a motion for summary judgment in a defamation action against the defendants, a newspaper publisher and its writers.

The defendants published numerous articles and online posts referring to the plaintiff as a bully, fraudster, and habitual liar.

The court found the statements were defamatory and that the defendants could not rely on the defences of justification, qualified privilege, responsible communication, or fair comment.

The court also found the defendants were motivated by express malice.

Summary judgment was granted, awarding the plaintiff $300,000 in general and aggravated damages, $110,000 in punitive damages, and a permanent injunction.