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ARTICLE · 18 OCTOBER 2022

Pro-life Group's Defamation Claim Against "Online Protestor" Allowed To Proceed

Gardiner Roberts LLP
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Social media continues to be a fertile ground for the development of the law. Social media has become a tool for significant political debate and a place where political foes rally...

CanadaLitigation, Mediation & Arbitration
Stephen Thiele
Stephen Thiele
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Social media continues to be a fertile ground for the development of the law. Social media has become a tool for significant political debate and a place where political foes rally their supporters to engage in protests and counter-protests. However, political discourse on social media is not intended to be a free for all. A user cannot use social media to harass or defame others even though the topic at issue may qualify as a matter of public interest.

In 40 Days for Life v. Dietrich, 2022 ONSC 5588, the court was required to determine whether the plaintiff's claim for defamation, online harassment, breach of contract, inducing breach of contract, fraud and conspiracy should be allowed to proceed or be dismissed on a motion brought under section 137.1 of the Courts of Justice Act (the "CJA").

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