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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.
The court issued a warrant for the defendant’s arrest for alleged contempt, dismissed his PPPA application to strike the defamation claim, and dismissed his cross-examination application.
The motion to extend time was refused because, notwithstanding an intention to perfect the appeals, the delay and unsatisfactory explanation for that delay, combined with that the proposed appeals lack arguable merit and cause ongoing prejudice to the respondents, meant the justice of the case did not warrant granting the extension.
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The court granted a limited interim injunction restraining specific defamatory blog posts and emails, but refused harassment-based relief for lack of a serious issue.
Because the motion judge expressly found the entire action was motivated by a desire to silence public interest expression and had concluded the defamation claims lacked substantial merit, the appeal court held that under the rationale of s.137.1 the entire proceeding must be dismissed; accordingly the appeal was allowed and the order below set aside.
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The court clarified that the plaintiffs’ January 8, 2022 assault allegation was dismissed, finding the video and other evidence did not show the truck veered toward Mr. Gokey.
The motion judge did not err: the statement of claim failed to plead specific words or material facts tying the defendant to the alleged harms and therefore did not give the defendant notice of the case to be met; the motion judge properly concluded an amendment would not cure the deficiencies and his refusal to allow amendment and costs award were within discretion and are upheld.
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The court held mischief is not a lesser included offence of criminal harassment and allowed the appeal on Count 2. It declined to hear Darren Besler’s Count 1 appeal.
The appeal is dismissed because the trial judge's factual findings were reasonable and unsupported by palpable and overriding error; the psychologist's evidence was properly rejected for lack of foundation; the psychiatrist's report was not properly in evidence; even if pleading standards were stricter than ideal, the facts did not establish negligence; and the trial judge acted within his discretion in refusing a permanent injunction.
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The court granted a strata petition in part, finding repeated bylaw breaches through noise, harassment and nuisance conduct, and ordered injunctions and unpaid fines.
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