2012 June 22

Bier v. Takefman,  2012 QCCS 2851

The Quebec Superior Court awarded $20,000 moral damages and $25,000 punitive damages to husband and wife plaintiffs over a “successful and vicious campaign” of emails to friends and acquaintances of the plaintiffs “with a stated goal of destroying their reputation.” The Court rejected defence arguments that the defendant’s “slanderous, cruel and vengeful” comments should qualified as “gossip” with which the Court should not interfere. The Court held the comments were a “clear illustration of an abuse of right and the exercise in bad faith” of the right to freedom of expression. In the opinion of the Court, “the exceptional circumstances of this case justify the issuance of a permanent order that will enjoin [the defendant] not to communicate directly or indirectly in writing with the [plaintiffs] or to third parties regarding the [plaintiffs’] private life, their assets and property or their financial situation.” “This is one of those rare cases, where such an extensive prohibition is warranted and can be reasonably justified.”