Defamation – Rogers Partners LLP

Qualified Privilege – What is Genuine Public Interest

rpllpadmin — Wed, 05 Feb 2025 18:59:15 +0000

By Emily Vereshchak In Diverse Transportation v. Chen, 2025 ONSC 554, the Court analyzed the screening function of an anti-SLAPP motion in the context of what issues can be constituted to be in the public’s interest. At issue was whether the public had any interest in a monetary dispute between a former employee and employer, […]

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In Defamation’s Wake: Sabaratnam v. Yohanathan and the Cost of Unsubstantiated Claims

rpllpadmin — Wed, 18 Dec 2024 22:50:34 +0000

By Shannon Mascarenhas Background The decision in Sabaratnam v. Yohanathan, 2024 ONCA 845, concerns an appeal brought by Mr. Mooka and his company, seeking to overturn a summary judgment that awarded the plaintiff $75,000 in damages for defamation, and $25,000 in punitive damages. The plaintiff also cross-appealed the motion judge’s refusal to grant a permanent […]

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Bullying is Never Okay

rpllpadmin — Wed, 24 Apr 2024 15:20:11 +0000

By Celina Stoan Overview The case of Clancy v. Farid (liability decision reported at 2022 ONSC 947, and damages decision reported at 2023 ONSC 2750) involved 53 individually named plaintiffs and one defendant, Tanvir Farid. The plaintiffs resided in Canada, the United States and Ireland, and all but one were executives or recruiters in the […]

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Weighing the Public Interest on Anti-SLAPP Motions

rpllpadmin — Wed, 13 Sep 2023 22:25:41 +0000

By Emmanuel Couture-Tremblay The recent decision of the Ontario Superior Court of Justice in Armstrong v. Farahi, 2023 ONSC 5069 dealt with a motion to dismiss a defamation action as an impermissible SLAPP (Strategic Lawsuits Against Public Participation) lawsuit. Facts In this case, the defendant Amir Farahi wrote a Column in London newspaper Our London […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 01 Sep 2023 22:22:00 +0000

At our weekly meeting, Itai Gibli discussed the recent decision of the Ontario Divisional Court in Corion v. Plummer, 2023 ONSC 3249. Overview The Divisional Court heard an appeal of a Small Claims Court trial decision dismissing a defamation action brought by the appellant. The decision provides insight into how courts determine whether a statement […]

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The Lower Evidentiary Burden for Plaintiffs on Anti-SLAPP Motions

rpllpadmin — Wed, 09 Aug 2023 17:48:53 +0000

By Kathryn Orydzuk In 2015, the Ontario Legislature passed the Protection of Public Participation Act, S.O. 2015, c. 23, which introduced a powerful motion to counter “Gag Proceedings” or “Strategic Lawsuits Against Public Participation” into the Courts of Justice Act, R.S.O. 1990, c. C. 43. The motions provide a defendant to a defamation lawsuit with […]

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Reference to Masks, COVID-19 Not Sufficient to Dismiss Action via “anti-SLAPP” Legislation

rpllpadmin — Wed, 01 Jun 2022 21:36:03 +0000

By Athina Ionita In Dent-X Canada v. Houde, 2022 ONCA 414, the Court of Appeal considered whether a defamation action concerning an internet post about the plaintiff’s services in supplying face masks during the COVID-19 pandemic should be dismissed pursuant to Ontario’s “anti-SLAPP” legislation, s. 137.1 of the Courts of Justice Act, R.S.O. 1990, c. […]

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Plaintiff Awarded $125,000 for Internet Defamation

rpllpadmin — Tue, 03 May 2022 13:11:21 +0000

The decision in Cyr v. LeBlanc, 2022 ONSC 2555, shows that damages in defamation actions can be quite high. The defendant published statements about the plaintiff on several websites. Many of the statements labeled the plaintiff as being racist. The plaintiff contacted the defendant by Instagram, requesting the postings be removed. The defendant escalated the […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 05 Nov 2021 17:54:58 +0000

At our weekly meeting, Annie Levanaj discussed the recent decision of the Court of Appeal in Echelon Environmental Inc. v. Glassdoor Inc., 2021 ONCA 763. This decision dealt with a motion brought by a “John Doe” defendant, who was an anonymous online poster, to extend time to serve and file a Notice of Appeal from […]

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Plaintiffs Awarded Damages Over Racism Allegations on Instagram and Twitter

rpllpadmin — Mon, 25 Oct 2021 03:00:00 +0000

The court recently recently released a decision in an interesting defamation action involving comments made on social media. The facts of the decision in Lavallee et al. v. Isak, 2021 ONSC 6661, are as follows: [1] On May 30, 2020, Justine Lavallee, Shania Lavallee, and Gilmour Driscoll-Maurice (Shania’s boyfriend) were play fighting. Shania took a […]

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