2018 April 19

New Dermamed Inc. v. Sulaiman, 2018 ONSC 2517

The Ontario Superior Court dismissed a defamation lawsuit arising from  online Google reviews in which the defendant outlined her experience obtaining cosmetic treatment services from the plaintiff company.  Applying the Anti-SLAPP provisions in s. 137 of the Courts of Justice Act, the Court held that although the plaintiff company proved that its action had substantial merit, the plaintiff failed to satisfy the Court that there were grounds to believe the defendant had no valid defence in the action.  The judge stated: “A person’s observations of his or her own appearance, particularly following treatments that are expected to improve one’s appearance, are inherently personal and highly subjective.  On the evidence before me, I am unable to conclude that [the plaintiff] has met its onus of showing that no person in [the defendant’s] circumstances could have honestly held the opinions that she expressed.”