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Ontario Court of Appeal allowed a libel appeal in part, upholding liability and damages but setting aside an overbroad permanent injunction for redrafting.
The appeal is dismissed because the motion judge correctly found the communications related to the appellant's private legal dispute and therefore were not a matter of public interest, and the appellant failed to prove the communications were a "broadcast" under the Libel and Slander Act; the anti-SLAPP motion and limitation defence accordingly failed and the costs awards were justified given delay and the meritless public interest claim.
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British Columbia Supreme Court judgment on libel, easement obstruction and nuisance claims arising from neighbour disputes in Lions Bay.
The court dismissed an application to add six defendants and new causes of action, finding the proposed amendments were time-barred, unsupported by material facts, and prejudicial.
Registrar Nielsen assessed costs after a 23-day trial, apportioning tariff items between two jointly tried defamation actions and allowing some disbursements while rejecting others.
The Libel and Slander Act applies to online versions of newspapers; the plaintiff was on notice as of December 5, 2013, failed to give the statutory six-week notice and failed to commence within the three-month limitation in s.6, therefore the claim was statute-barred and properly struck under Rule 21.01(1)(a).
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The motion judge’s assessment of compensatory and punitive damages was within the permissible range and not tainted by palpable and overriding error; appellate court will not interfere where the judge properly applied legal principles, reasonably considered relevant precedent (Botiuk), and where the defendant’s repeated, knowing defamation warranted significant punitive damages.
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The Court of Appeal found no basis to overturn the trial judge: multiple blog posts were defamatory, the trial judge reasonably characterized some statements as factual (or found the factual underpinnings unproven), and the trial judge’s finding of express malice was supported by the record which defeated available defences; the damages award ($50,000 general and $30,000 aggravated) and takedown/other trial orders were not disturbed and the appeal was dismissed with costs fixed to the respondent.
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On summary trial, the court dismissed the intentional interference claim but left the defamation claims for trial because credibility and publication issues could not be resolved on the paper record.
The court found Deep Capture internet publications defamatory of Altaf Nazerali and held Mark Mitchell, Patrick Byrne and Deep Capture LLC liable; several other defendants were dismissed.
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