2009 December 3

Béton St-Hubert Inc. c. Entreprises Kijiji Canada Inc., 2009 QCCS 5676

The Quebec Superior Court dismissed an application for a pre-trial injunction to restrain the dissemination and publication of defamatory statements concerning the security of the business of the plaintiff or pollution of the environment by the plaintiff. The defendant corporation specialized in hosting web sites for vendors of used goods, including the defendant individual, who published a number of anonymous postings on such web sites. The corporate defendant removed the postings once it received the plaintiff’s complaint. The Court concluded the evidence did not justify granting this exceptional remedy, where the content of the expression to be enjoined was not yet known.