2026 September 9

Colem Morvan v. Phele, 2026 QCCA 1180

The Quebec Court of Appeal concluded that the primary substance of the injunction  granted by the trial judge should remain in force pending determination of the appeal, although execution proceedings by the plaintiff to collect the monetary award of damages made by the trial judge would be suspended automatically. [See the trial judgment dated June 26, 2026 at 2026 QCCS 2380, summarized on this MLC webpage].  The Court of Appeal held that there was no obvious weakness in the trial judgment, and the prejudice suffered by the plaintiff from continued publication of the allegedly defamatory expression is greater than the inconvenience to the defendant.  If the defendant succeeded on appeal, the expression at issue could be published again.  The Court of Appeal did suspend, pending the result of the appeal, the provision in the trial judge’s order that would have required the defendant to publish the findings of the trial judge.