The appellant, a disabled veteran and freelance journalist, commenced a defamation action in Small Claims Court against the Minister of Veterans Affairs for statements published in The Hill Times characterizing the appellant's criticism of a veterans' pension program as "mistruths" stated to suit his own agenda.
The respondents moved to dismiss the claim under section 137.1 of the Courts of Justice Act, which provides for summary dismissal of proceedings arising from expression relating to matters of public interest.
The deputy judge dismissed the claim, finding the statements related to a matter of public interest and that the appellant had not advanced credible and compelling evidence of substantial merit.
On appeal, the Court of Appeal for Ontario considered whether a deputy judge of the Small Claims Court has jurisdiction to make orders under section 137.1.
The court held that deputy judges lack such jurisdiction, as the statute expressly refers to "judge" without including deputy judges, and the Legislature has demonstrated a pattern of expressly referencing deputy judges when it intends to grant them authority.
