R. Gilliland

Following a successful motion for summary judgment, the moving parties sought costs on a full indemnity basis.

The court found that the responding parties engaged in egregious litigation conduct, including providing false evidence, hiding evidence, and commencing a spurious counterclaim that amounted to an abuse of process.

The court held that an award of punitive damages does not preclude an award of full indemnity costs where the conduct warrants it.

Costs were fixed at $230,000 on a full indemnity scale.

The Crown applied for a temporary publication ban on portions of an agreed statement of fact and bail synopsis relating to an adult accused who pleaded guilty to manslaughter.

The ban was sought to protect the fair trial rights of a young person co-accused who was scheduled to be tried for second-degree murder at a later date.

The court applied the Dagenais/Mentuck test and concluded that a broad ban was not necessary, as alternative measures like jury instructions and the passage of time would mitigate prejudice.

However, a limited ban was granted for evidence that could identify the young person or would be presumptively inadmissible at their trial.

The applicants sought a Norwich Order requiring the respondent website to disclose the personal information of anonymous users who posted allegedly defamatory reviews about the applicants' business.

The respondent did not appear.

The court applied the five-part test for a Norwich Order, finding that the applicants had a bona fide claim for defamation, the respondent was involved in the acts by facilitating the anonymous posts, and the respondent was the only practicable source of the information.

The court granted the order, noting that the interests of justice do not favour permitting anonymous posters to engage in a campaign of defamation with impunity.

The defendants previously brought an unsuccessful anti-SLAPP motion to dismiss the plaintiffs' $27 million defamation action regarding a publication about contraband tobacco.

The plaintiffs, as the successful responding parties, sought costs for the motion.

The court considered the presumption under section 137.1(8) of the Courts of Justice Act, which states that a successful responding party is not entitled to costs unless appropriate in the circumstances.

Finding that the motion was not frivolous, involved matters of public interest, and lacked inappropriate behaviour by the defendants, the court held that the plaintiffs failed to rebut the presumption.

No costs were awarded.

The defendants brought a motion under s. 137.1 of the Courts of Justice Act to dismiss the plaintiffs' $27 million defamation action as a SLAPP suit.

The plaintiffs, who own a large tobacco manufacturing company, sued over a magazine publication alleging they smuggled contraband tobacco and were associated with organized crime.

The court found the publication related to a matter of public interest but concluded the plaintiffs' claim had substantial merit and the defendants failed to establish valid defences of justification, responsible communication, qualified privilege, or fair comment.

The motion to dismiss was denied.

Media organizations applied for access to previously sealed informations to obtain (ITOs) relating to a production order and search warrant issued during a criminal investigation.

The accused sought continuation of a publication ban, arguing that publication of intercepted communications referenced in the ITOs would compromise his right to a fair trial on an extortion charge.

Applying the Dagenais/Mentuck test, the court held that the accused failed to demonstrate a real and serious risk to trial fairness, given existing publicity, the passage of time before trial, jury instructions, and the challenge for cause process.

A third party mentioned in the ITOs argued that publication would damage his reputation, but the court held that third parties generally lack standing to seek publication bans absent exceptional circumstances.

The court concluded that the open court principle prevailed and lifted the remaining publication bans.