Samantha Coomara

This is a costs endorsement following the successful dismissal of a Strategic Lawsuit Against Public Participation (SLAPP) action against media defendants (Corus and JNN defendants) under section 137.1(3) of the Courts of Justice Act.

The court determined that the successful defendants were entitled to full indemnity costs, as per the statutory presumption in section 137.1(7) of the CJA, finding no factors to displace this presumption.

The plaintiff failed to file responding costs submissions.

The court awarded the Corus defendants $92,820.00 in legal fees plus HST and disbursements, and the JNN defendants $66,402.00 in legal fees plus HST and disbursements, totaling $79,443.78.

The decision emphasizes the complexity and length of anti-SLAPP motions in justifying the quantum of costs.

This case involves two anti-SLAPP motions brought by media defendants (Global News, Corus Entertainment, and Jornal North News) to dismiss a defamation lawsuit filed by a former immigration lawyer.

The lawyer alleged defamation stemming from reports about his involvement in an alleged "Pilot Project" for undocumented workers, which government officials denied existed.

The court dismissed the defamation claims, finding that the media expressions related to a matter of public interest, the plaintiff failed to show substantial merit to his claim, and the defendants had valid defenses of truth/justification and responsible communication.

The court also found that any harm suffered by the plaintiff did not outweigh the public interest in protecting freedom of expression.

The College of Physicians and Surgeons of Ontario (CPSO) sought an order compelling Dr. Rochagne Kilian to provide patient files related to COVID vaccine exemptions.

Anonymous patients (Proposed Intervenors) brought a motion to intervene as parties, arguing their privacy and Charter rights under sections 7 and 8, and the applicability of the O'Connor process.

Dr. Kilian supported the intervention, raising constitutional challenges to the CPSO's investigation powers.

The court reserved its decision on the intervention motion, finding that the "subject matter and scope of this Application" needed to be determined first, as there was significant dispute between the parties on this fundamental issue.

A temporary motion concerning parenting arrangements and relocation of a child.

The applicant, the child's step-grandmother, sought custody and permission to relocate with the child from Toronto to Fonthill, Ontario.

The respondent, the child's biological mother, opposed the relocation and sought expanded access.

The court granted the applicant temporary custody and permission to relocate, finding that the applicant had provided stable care for two years and that the move would not necessarily disrupt the mother's relationship with the child.

The court ordered supervised parenting time for the mother with specific access arrangements adapted to the new location.