Stephen Alfred Thiele

The plaintiff, former Chief Commissioner of the Canadian Human Rights Commission, brought defamation actions against the defendants over allegations of antisemitism.

The defendants brought anti-SLAPP motions to dismiss the actions.

Two organizations, Independent Jewish Voices Canada and the National Council of Canadian Muslims, brought motions to intervene in the anti-SLAPP motions to provide perspective on the meaning of antisemitism.

The court dismissed the motions to intervene, finding that anti-SLAPP motions are intended to be expeditious, preliminary screening mechanisms, and that adding interveners would unnecessarily expand the evidentiary record and scope of the private dispute.

The court also ordered that the defendants, as moving parties, would present their arguments first at the anti-SLAPP hearing.

The Attorney General for Ontario sought judicial review of two Information and Privacy Commissioner decisions ordering the Cabinet Office to obtain and review entries from the Premier's personal cellphone call logs that related to government business.

The IPC had found that these specific call logs were under the control of the Cabinet Office pursuant to s. 10(1) of the Freedom of Information and Protection of Privacy Act.

The Divisional Court dismissed the application, finding the IPC's application of the National Defence control test was reasonable and that the decisions appropriately balanced the public's right of access to government information with the protection of personal privacy.

The appellant tenant appealed an application judge's declaration that the respondent landlord reasonably exercised its discretion under a commercial lease to allocate realty taxes using a 'Proportionate Share' calculation.

The tenant argued the application judge committed an extricable error of law under the Wastech framework by misidentifying the purpose of the discretionary clause.

The Court of Appeal dismissed the appeal, finding no extricable error of law or palpable and overriding error in the application judge's interpretation of the negotiated lease, and held that the landlord's use of the proportionate share method was reasonable.

The applicant sought judicial review of a decision by the Chief Electoral Officer to refer complaints to the Attorney General as apparent contraventions of the Elections Finances Act.

The Divisional Court dismissed the application, finding that the decision did not affect the legal rights, interests, property, privileges, or liberty of any person.

Applying the Court of Appeal's reasoning in PC Ontario Fund, the court held the decision was not susceptible to judicial review and did not engage section 2(b) Charter rights.

The appellant, an Aboriginal man who suffered abuse at a training school as a youth, appealed a decision of the Criminal Injuries Compensation Board denying him compensation.

The Board had weighed the abuse he suffered against his extensive subsequent criminal record and concluded compensation was not reasonable.

The Divisional Court dismissed the appeal, finding the Board made no error of law in considering his criminal record under s. 17(1) of the Compensation for Victims of Crime Act, and that Gladue principles do not strictly apply to civil compensation determinations.

The appellant, who was involved in operating a restaurant on City property, sued the respondent, a mayoral candidate, for libel over comments made during a newspaper editorial board interview.

The trial judge dismissed the action, finding the comments did not refer to the appellant and were not defamatory.

The Court of Appeal upheld the trial judge's findings, noting the respondent's comments focused on the City Council process rather than the appellant personally, and explicitly disavowed accusing anyone of corruption.

The appeal was dismissed.

The appellant appealed the dismissal of his defamation action against a municipal election candidate.

The candidate had delivered a confidential letter to City Council referencing allegations of improper influence regarding an untendered lease agreement with the appellant's family business.

The trial judge found the letter defamatory but protected by qualified privilege, and found no express malice.

The Court of Appeal upheld the trial judge's findings, concluding that the communication was reasonably appropriate to the occasion and that the appellant failed to prove malice.

The appeal was dismissed with costs.

The plaintiff sued for libel arising from an open letter delivered by the defendant, then a municipal council candidate, to Toronto councillors and the Mayor concerning alleged influence over a controversial City lease and related election finance questions.

The court held that the letter was defamatory and referred to the plaintiff, but found that the occasion of publication attracted qualified privilege and that portions of the letter also constituted fair comment on matters of public interest.

The court rejected the defence of responsible communication as unavailable on these facts, but held the plaintiff failed to prove express malice sufficient to defeat qualified privilege or fair comment.

The action was dismissed, with contingent general damages assessed at $22,500.

In a contested federal election application, the appeal examined whether voting process defects required annulment where the vote margin was narrow.

The majority adopted a substantive test requiring proof both of a statutory irregularity tied to entitlement and that a person not entitled to vote actually voted.

It held multiple disqualified ballots should be restored because the evidentiary record supported entitlement or failed to prove an entitlement defect on the required standard.

The remaining invalid votes did not meet the threshold to overturn the result.

The appeal was allowed, the cross-appeal was dismissed, and the fresh-evidence motion was dismissed.

Following a successful application contesting a federal election in which the court declared the election null and void due to voting irregularities, the applicant sought $90,000 in costs.

The court considered whether any respondent could properly be characterized as an unsuccessful party responsible for paying those costs.

The successful candidate was found to have done nothing wrong and stood in a similar position to the applicant, while the Chief Electoral Officer maintained neutrality and could not legally take positions favouring any candidate.

Given the public interest nature of the proceeding and the absence of a party properly liable for costs, the court declined to award costs.

Each party was ordered to bear its own costs, and the applicant’s security for costs deposit was ordered returned.

The applicant, an unsuccessful candidate in a federal election decided by a plurality of 26 votes, brought an application to contest the election under s. 524(1)(b) of the Canada Elections Act.

The applicant argued that irregularities in voter registration and vouching affected the result.

The court found that the onus was on the applicant to prove on a balance of probabilities that irregularities occurred and affected the result.

The court identified 79 votes that were cast irregularly due to failures in registration and vouching procedures.

Because the number of irregular votes exceeded the plurality, the court declared the election null and void.