Case information
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40109
Ezra Levant, et al. v. Brendan DeMelle
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-08-10 | Close file on Leave | |
| 2023-08-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-08-03 | Judgment on leave sent to the parties | |
| 2023-08-03 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69202, 2022 ONCA 79, dated January 28, 2022, is dismissed with costs in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2022-08-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-05-19 | Certificate (on limitations to public access), 23A | Brendan DeMelle |
| 2022-05-19 |
Respondent's response on the application for leave to appeal, (Book Form), REQUIRED - Proof of service (rec'd 2022-06-13), Completed on: 2022-06-13, (Printed version filed on 2022-05-20) |
Brendan DeMelle |
| 2022-05-03 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-05-03 | |
| 2022-03-28 | Certificate (on limitations to public access), 23A | Ezra Levant |
| 2022-03-28 | Notice of name | Ezra Levant |
| 2022-03-28 | Application for leave to appeal, (Book Form), Completed on: 2022-03-28, (Printed version filed on 2022-04-04) | Ezra Levant |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Levant, Ezra | Applicant | Active |
| Rebel News Network Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Brendan DeMelle | Respondent | Active |
Counsel
Party: Levant, Ezra
Counsel
Tamara Markovic
Adam Quirk
145 King Street West
Suite 2200
Toronto, Ontario
M5H 4G2
Telephone: (416) 369-4136
FAX: (416) 864-9223
Email: ischein@mindengross.com
Party: Rebel News Network Ltd.
Counsel
Tamara Markovic
Adam Quirk
145 King Street West
Suite 2200
Toronto, Ontario
M5H 4G2
Telephone: (416) 369-4136
FAX: (416) 864-9223
Email: ischein@mindengross.com
Party: Brendan DeMelle
Counsel
Law Chambers
393 University Ave, Suite 2000
Toronto, Ontario
M5G 1E6
Telephone: (647) 964-3495
FAX: (416) 593-1352
Email: phil@tunleylaw.ca
Agent
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca
Summary
Keywords
Torts — Libel and slander — Anti-SLAPP legislation — Sections 137.1 to 137.5 of Courts of Justice Act, R.S.O. 1990, c. C. 43, set out a framework for preventing proceedings that limit freedom of expression on matters of public interest — What is the proper legal framework to be applied — What is the level of harm or damages that a plaintiff is required to establish to allow its action to continue — Whether the nature of the defamation may be so serious as to lessen or relieve the plaintiff’s burden to lead specific evidence of harm — What role, if any, does the plaintiff’s status as a journalism or media organization engaged in expressive activity on political matters of public importance have in the weighing exercise?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. DeMelle, a journalist, published an article he authored on his website. Mr. Levant and Rebel News commenced an action seeking damages for defamation. Mr. DeMelle brought a motion under s. 137.1(3) of the Courts of Justice Act, R.S.O. 1990, c. C. 43, for an order dismissing the action. A motions judge dismissed the defamation action. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2021 ONSC 1074, CV-19-631995-0000
Action dismissed
Court of Appeal for Ontario
2022 ONCA 79, C69202
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available