Summary

Keywords

Civil procedure — Costs — Applicant successful on appeal but not awarded costs — Whether Canadian individuals or unrepresented people have equal rights to receive their costs and to sue without getting attacked by strategic vexatious defamation actions due to the absolute privilege behind legitimate pleadings — Whether it was unjust not to award costs

Summary

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Mr. Bouragba brought a motion under s. 137.1 of the Courts of Justice Act, R.S.O. 1990, c. C.43, to dismiss the defamation lawsuit brought against him by the Ontario College of Teachers. This provision permits judicial scrutiny of lawsuits allegedly brought to silence or financially punish critics who have spoken out on matters of public interest, known as Strategic Lawsuits Against Public Participation, or SLAPP. Mr. Bouragba is a member of the College and had been a member of the College’s Council. Mr. Bouragba sent several communications to past and present members of the Council, the Attorney General of Ontario, and the Minister of Education. In some of the communications he advocated for a public inquiry into a wide range of alleged misconduct on the part of the College and people affiliated with it. The motion judge denied Mr. Bouragba’s motion to dismiss the College’s defamation action on the ground that it was a SLAPP. Mr. Bouragba’s appeal was allowed and the matter was remitted to a different motion judge for reconsideration in accordance with s. 137.1. No costs were awarded.

Lower Court Rulings