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The court dismissed a defamation claim under British Columbia’s anti-SLAPP law, found the defendant’s podcast related to public interest, and awarded full indemnity costs.
Ontario had jurisdiction under the real and substantial link test because the Appointment Order concerned an Ontario company and was obtained to enforce an Ontario judgment; the Appointment Order clearly and exclusively authorized the Receiver to exercise Xela’s shareholder rights and to act on Xela’s behalf, and the appellant intentionally breached that Order by signing a declaration and enabling a Panamanian criminal complaint against the Receiver’s agents without leave or consent, thereby committing civil contempt; given the egregious, deliberate conduct, absence of remorse or effective pu…
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The court dismissed Timothy Durkin’s defamation and privacy action under British Columbia’s anti-SLAPP law, finding the article addressed public interest and the journalism defence had real prospects.
The Federal Court struck the plaintiffs’ claim against ICICI Bank officers as frivolous and vexatious, refused a vexatious litigant order for lack of AG consent, and awarded full indemnity costs.
The trial judge correctly interpreted clause 1.6.3 as a 'stop payment' provision, not a penalty or liquidated damages clause, and his factual findings that Foustanellas and ACL knowingly participated in systemic fraudulent overbilling and provided substandard goods and installations were supported by the record and entitled to deference; the compensatory reductions for wastage (25%) and quality (20%) and the compensatory damages total ($633,844.65) were upheld; punitive damages of $250,000 were justified on the facts but cannot be imposed jointly and severally—they remain payable by Foustanel…
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