2013 October 23

Digital Shape Technologies Inc. c. Walker, 2013 QCCS 5542

The Quebec Superior Court dismissed the defendant’s application that a defamation action relating to her anonymous posts in 2012 to the RateMyEmployer website should be dismissed as an abuse of process. The defendant unsuccessfully argued the lawsuit was a Strategic Lawsuit Against Public Participation (“SLAPP” in English; “poursuite-baillon” in French). The Court cited Acadia Subaru c. Michaud, 2011 QCCA 1037 (CanLII): “Plainly it cannot be said that every claim that has the effect of restricting freedom of expression in public debate is improper since that would render all actions in defamation ipso facto abusive. Only those that have an undue or disproportionate effect on freedom of expression, in the balancing of interests …should be held to be improper.” ” Freedom of expression in public debate is not a licence to defame and does not trump the right to reputation absolutely.” In this case, the defendant failed to convince the Court that the relief sought by the plaintiff was manifestly unfounded or frivolous.