The appellant, a board member of a not-for-profit anti-hate organization, sued the respondents for defamation over two tweets that criticized the organization but did not name him. The Small Claims Court dismissed the action, finding the appellant failed to prove the tweets would lead a reasonable person to believe they referred to him. On appeal, the Divisional Court upheld the decision, concluding the trial judge applied the correct legal test. The court found no palpable and overriding error in the trial judge's assessment of the evidence, confirming that the impugned words were not reasonably understood to refer to the appellant.
CITATION: Warman v. Kay, 2024 ONSC 1623
DIVISIONAL COURT FILE NO.: DC-22-2753
DATE: 2024/03/18
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
Richard Warman
Appellant
– and –
Jonathan Kay and Barbara Kay
Respondents
Albert Brunet and Andréa Baldy, for the Appellant
Asher Honickman, for the Respondents
HEARD: September 13, 2023
Rees J.
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