Nakatsuru

The plaintiffs, a Muslim-Canadian businessman and his restaurant chain, sued the defendants for defamation after the defendants posted videos containing hateful comments about Muslims and the restaurant.

One of the defendants brought a motion to dismiss the action under the anti-SLAPP provisions of section 137.1 of the Courts of Justice Act, and alternatively under Rule 21.01(3)(d) as an abuse of process.

The court dismissed the motion, finding that the defendant's expression was not related to a matter of public interest, but rather constituted hallmarks of hate directed at the plaintiffs.

The court also found the pleadings set out a valid prima facie case of defamation.

The defendant employer brought a motion for summary judgment to dismiss the plaintiff's wrongful dismissal action on the basis that it was commenced after the expiry of the two-year limitation period.

The plaintiff argued that the claim was not discoverable until settlement negotiations broke down and the employer refused to make further payments.

The court rejected this argument, finding that the plaintiff, who was represented by counsel, knew she had suffered damages and that litigation was an appropriate remedy shortly after her termination.

The motion was granted and the action was dismissed as statute-barred.

The accused was charged with trafficking cocaine following an undercover operation and a subsequent search of her residence.

At trial, she brought a Charter application alleging violations of her rights under s. 8 and s. 10(b).

The court found that the police violated s. 8 by failing to show her the search warrant upon request and by conducting a strip search in a vestibule lacking adequate privacy.

The court also found a s. 10(b) violation due to an unreasonable three-hour delay in facilitating access to duty counsel.

Applying s. 24(2), the court excluded the evidence seized during the search, resulting in acquittals on several counts, but found the accused guilty of the initial trafficking offences.