2020 August 20

West Edmonton Mall Property Inc. v. Proctor,  2020 ABQB 477

The Alberta Court of Queen’s Bench granted a permanent injunction to the Plaintiffs against the defendant who the Court previously ruled had “waged a vast, concerted and relentless internet campaign of vengeance and vilification against the Plaintiffs, their related businesses, family members and employees.” (2020 ABQB 161).  The Court held that a permanent injunction was the only adequate remedy in this case because of the findings in its previous decision on March 2, 2020 and the defendant’s conduct since then, which showed: (a) she “has no remorse”; (b) “is as unrepentant and defiant as ever”; (c) “remains committed to the truth of and justification for her [defamatory] statements”;  (d) “is adamant about continuing the propagation of the defamatory statements;” and (e) “does not regard this court as having authority over her.”   The Court noted that “[t]here is danger in engendering conspiracy theories on the internet” and that this “leads not just to damage to reputation, but … spreading these deranged notions could result in actual physical attacks on the subject targets.”  The Court stated that the scope of the injunction would not prevent the defendant from streaming on the internet, doing online banking, making purchases on the internet, surfing the internet, and participating in online forums.  The injunction “requires her only to refrain from posting about the Plaintiffs and associated persons and entities and nothing more.”