2019 February 20

United Soils Management Ltd. v. Mohammed, 2019 ONCA 128, dismissing an appeal from 2018 ONSC 1371

The Ontario Court of Appeal upheld a lower court order dismissing this defamation action as a SLAPP pursuant to s. 137.1 of the Ontario Courts of Justice Act, R.S.O. 1990, c. C.43.  The claims related to Facebook posts and comments.  Factors relevant to the “balancing process” described in s. 137.1(4)(b) were determinative.  The Court of Appeal stated that “any monetary damages suffered by a plaintiff, or likely to be suffered by a plaintiff … is a key feature in the assessment of the harm suffered or likely to be suffered by the plaintiff”.  In this case, the plaintiff “offered no evidence of any monetary damage [and] there is no reason to think that any damages awarded … would be anything more than modest, if not nominal.”  “Nor is there any evidence of any reputational harm done to the [plaintiff’s] business.  There is no suggestion that the [plaintiff], a corporation, suffered any damage to, or was likely to suffer any damage to, its business reputation as a result of the [defendants’] Facebook posts.” The Court of Appeal also noted that the Facebook posts “were posted only for a few days and to a limited audience of likeminded individuals also concerned about potential damage to the environment.”  One of the defendants had made a timely and unqualified apology.   On the other hand, the defendants’ statements “related to a matter of significant public importance.”  In the circumstances, “the public interest in protecting the [defendants’] expression” outweighed the plaintiff’s interest in protection of reputation.