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The Ontario Court of Appeal allowed an anti-SLAPP appeal, dismissed a $2.5 million defamation counterclaim, and awarded damages and costs to the appellant.
Appeal from a defamation judgment partly succeeds: liability and malice largely stand, but damages are reduced and special costs are set aside.
The Court upheld the inquiry judge's factual findings and discretionary awards, concluding that the undertaking given with the ex parte orders obliged the appellants to compensate losses proved to have been caused by the wrongful orders, that the specific awards (including to Bunting, Yemec and legal fees held in trust) were supported by the evidence, and that the charging order was proper because the Canadian litigation work and benefit were distinct from the separate American proceeding; accordingly the appeal was dismissed.
Source excerpt
The Federal Court refused to allow pleadings alleging document nondisclosure to support exemplary damages and solicitor-and-client costs in a patent case.
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