Court File and Parties

CITATION: 40 Days For Life v. Dietrich, 2022 ONSC 2207

DIVISIONAL COURT FILE NO.: 180/22

DATE: 20220422

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: 40 DAYS FOR LIFE, Plaintiff/Responding Party

AND:

BROOKE DIETRICH, Moving Party/Defendant, JOHN DOE, JANE DOE and PERSONS UNKNOWN, Defendants

BEFORE: ACJSC McWatt, Stewart and Mew JJ.

COUNSEL: Anna Matas and Kelsey Gordon, for the Defendant/Moving Party, Brooke Dietrich

Philip H. Horgan and Raphael T.R. Fernandes, for the Plaintiff/Responding Party

HEARD: in writing

ENDORSEMENT

[1] The motion for leave to appeal the orders of Valente J. dated March 2, 2022 and March 10, 2022 is granted on the following issues:

(a) Did the motions judge err in granting the initial interim injunctive relief sought by the Plaintiff against the Defendant Dietrich?

(b) Did the motions judge err in granting an extension of the injunctive relief previously ordered by him even though a motion had been brought by the Defendant Dietrich for an order seeking a dismissal of the action pursuant to the anti-SLAPP provisions of s. 137.1 of the Courts of Justice Act?

[2] Unless otherwise disposed of by the parties by agreement, any motion to stay an order now under appeal should be made to this Court upon proper material in accordance with Rule 63.02 and previous direction of this Court.

[3] We award costs of this leave to appeal motion, fixed at $3000.00 all-inclusive, to the Defendant Dietrich payable by the Plaintiff within 30 days.

ACJSC McWatt J.

Stewart J.

Mew J.

Released: April 22, 2022