2017 June 28

Rizvee v. Newman, 2017 ONSC 4024

The Ontario Superior Court dismissed defamation complaints by a plaintiff, who was one of two candidates seeking the 2015 Liberal Party of Canada nomination for election to Parliament.  The plaintiff candidate alleged he was defamed by the other candidate for the nomination in posts on Facebook, Twitter, Rabble.ca, various message boards and her own blog.  Although the Court found the defendant’s posts were defamatory, the plaintiff failed to establish that the defendant had no valid defence.  The anti-SLAPP provisions in s. 137.1 of the Courts of Justice Act were applied to justify dismissal of all defamation claims but the alternative claim against the defendant for malicious prosecution was allowed to proceed.  Allegations made by the defendant in her application for a peace bond against the plaintiff under the Criminal Code was “an entirely private matter between the two individuals involved” which did not engage the interests protected by the anti-SLAPP legislation.