Wendy J. Wagner

The defendants brought an anti-SLAPP motion to dismiss a defamation action initiated by the plaintiff, Canadian Standards Association (CSA Group).

The court found that while the defendants' expressions related to a matter of public interest, the plaintiff demonstrated substantial merit to its defamation claim.

The court further determined that the defendants had no valid defences (truth, fair comment, qualified privilege, public interest responsible communication) due to a lack of verification, unsubstantiated allegations, and evidence of malice.

The court concluded that the harm suffered by the plaintiff was sufficiently serious to outweigh the public interest in protecting the defendants' expression.

Consequently, the motion to dismiss was denied, and the matter was ordered to proceed to trial.

Following the dismissal of the defendants' motion to stay a defamation action pending the completion of a related Federal Court action, the plaintiff sought costs on a substantial indemnity basis.

The court found that the plaintiff had not justified a substantial indemnity award, as the defendants simply lost a motion they were entitled to bring.

The court rejected the defendants' argument that costs should be in the cause, noting that the unsuccessful motion caused unnecessary expense.

Costs were awarded to the plaintiff on a partial indemnity basis, fixed at $21,500.

The defendants moved for a temporary stay of a defamation action in the Superior Court of Justice until the completion of a parallel copyright infringement and statutory claims action in the Federal Court.

The court dismissed the motion, finding that the defendants failed to meet the heavy onus of showing that continuing the Ontario action would cause them prejudice or injustice, or that a stay would not prejudice the plaintiff.

The court noted that the defamation action involved different substantive elements and remedies not available in the Federal Court.

Following the striking of a statement of claim alleging conspiracy, defamation, misfeasance in public office, and related torts against numerous defendants, the court determined the quantum of costs payable on the successful pleadings motion.

Multiple defendant groups sought more than $205,000 in partial indemnity fees and over $20,000 in disbursements.

Applying Rule 57.01 of the Rules of Civil Procedure and the fairness principles articulated in Boucher, the court considered duplication of effort among separately represented defendants with similar interests.

The court concluded that substantial overlap existed between certain defendants’ legal work and therefore limited recovery to a single set of costs for those parties.

Reduced costs totalling $108,000 in fees plus $10,560 in disbursements were awarded, subject to HST.

The plaintiff, a former Member of Parliament and cabinet minister, sued the prime minister, his senior advisors, and others for conspiracy, defamation, and other torts following her removal from cabinet and the Conservative Party caucus.

The defendants brought a motion to strike the statement of claim.

The court granted the motion, finding that the decisions to remove the plaintiff from cabinet and caucus were protected by Crown prerogative and parliamentary privilege, respectively, and were therefore not justiciable.

The court also held that communications between the prime minister and his advisors were protected by absolute privilege, and that the Conservative Party of Canada, as an unincorporated association, lacked the capacity to be sued.