Tom Collins

The defendants brought an anti-SLAPP motion under s. 137.1 of the Courts of Justice Act to dismiss a defamation claim brought by the plaintiffs, a tattoo artist and her company.

The defamation arose from negative online reviews and social media posts by the defendants regarding alleged misadventures and disputes over tattoo services, pricing, and plagiarism.

The court dismissed the motion, finding that the expressions, while attracting public attention, were fundamentally about private contractual and consumer disputes and did not relate to a matter of public interest as contemplated by the anti-SLAPP legislation.

The court also awarded costs against the defendants, noting the motions were inappropriate and tactical.

The defendants by counterclaim (West Face Capital Inc., Gregory Boland, and Bruce Langstaff) moved for a Mareva injunction to prevent the plaintiffs by counterclaim (The Catalyst Capital Group Inc., Callidus Capital Corporation, and Newton Glassman) from removing assets from Ontario.

The moving parties alleged that Mr. Glassman was relocating to the Bahamas and dissipating assets to avoid potential judgments arising from a massive corporate espionage and defamation campaign.

The court found that while the moving parties established a strong prima facie case of deceitful and tortious conduct by Mr. Glassman, they failed to prove a real risk that assets were being removed with the specific intent to defeat creditors.

The court also found the moving parties delayed in bringing the motion and failed to establish irreparable harm.

The motions for a Mareva injunction were dismissed.