2020 January 8

Skafco Ltd. v. Abdalla, 2020 ONSC 136

The Ontario Superior Court of Justice granted summary judgment for defamatory remarks published on social media by the defendant Abdalla and awarded nominal damages of $1,000 to the corporate plaintiff, which operates a restaurant.  The defamatory remarks occurred after a dispute arose between the plaintiffs and the defendant over the former’s sponsorship of a festival.  The Court also awarded $8,000 general damages to the plaintiff Yagloui  and $6,000 to the plaintiff Yacoub, who owned the plaintiff corporation.  The individual defendant posted defamatory comments on Facebook, in a WhatsApp group, and on Twitter. The court noted: “No one who was proferred as a witness on behalf of the plaintiffs felt that the reputation of the individual defendants (sic) had been diminished in their minds. This does not mean the plaintiffs are disentitled to damages, because in defamation actions damages are presumed, but it may demonstrate there is little basis for a significant damages award.”  The Court also noted that “the Facebook postings were transitory and were deleted” and the “WhatsApp posting was by and large to a group of 60 people who may be regarded as festival insiders.”