2019 March 19

Fort McKay Metis Community Association v. Morin, 2019 ABQB 185

The Alberta Court of Queen’s Bench dismissed the defendant’s application to set aside a default judgment relating to defamatory statements in a Facebook post and video.  The Court noted that the defendant “taunted the Plaintiffs on her Facebook page, daring them to pursue legal action against her” and “acknowledged under cross-examination that she was not afraid of the legal process when she posted those taunts.”  The Court concluded that that there was no satisfactory explanation for the defendant’s failure to file a Statement of Defence and held that she “did not provide any factual foundation for the truth of the statements, which could raise a triable issue.”  “Further, the extent of the publication precludes any defence of qualified privilege.”  “Contrary to the belief of many, the Rule of Law applies to the internet.  It is not some kind of untamed frontier.”