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40317

Glassdoor, Inc. v. Echelon Environmental Inc., et al.

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2023-03-08 Close file on Leave
2023-03-08 Discontinuance of the application for leave to appeal Glassdoor, Inc.
2023-03-06 Order on miscellaneous motion, by CÔTÉ J.
2023-03-06 Decision on the miscellaneous motion, Côt, UPON APPLICATION by the applicant for an order that the application for leave to appeal be held in abeyance until March 9, 2023;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.

The judgment on the application for leave to appeal is held in abeyance until March 9, 2023.

Granted
2023-03-01 Submission of miscellaneous motion, Côt
2023-03-01 Certificate (on limitations to public access), (Letter Form), 23B - Amended Motion to hold the application in abeyance., (Printed version filed on 2023-03-02) Glassdoor, Inc.
2023-03-01 Response to miscellaneous motion, (Letter Form), Respondents' consent., Completed on: 2023-03-01 Echelon Environmental Inc.
2023-02-23 Notice of miscellaneous motion, (Book Form), (to hold the release of judgment in abeyance), Amended motion filed on March 1, 2023.
MISSING: Filing Fee (rec' 02/24/23), Completed on: 2023-03-09, (Printed version filed on 2023-03-02)
Glassdoor, Inc.
2023-02-22 Correspondence received from, (Letter Form), All parties - Request to defer the decision by one additional week. Glassdoor, Inc.
2023-02-15 Correspondence received from, (Letter Form), all parties requesting the decision on application be delayed by one week. Glassdoor, Inc.
2023-01-09 All materials on application for leave submitted to the Judges, for consideration by the Court
2022-10-31 Certificate (on limitations to public access), 23B - Reply Glassdoor, Inc.
2022-10-31 Certificate (on limitations to public access), 23B - Application Glassdoor, Inc.
2022-10-03 Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-10-04, (Printed version filed on 2022-10-04) Glassdoor, Inc.
2022-09-20 Notice of name Echelon Environmental Inc.
2022-09-20 Certificate (on limitations to public access), 23A / 23B Echelon Environmental Inc.
2022-09-20 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-02, (Printed version due on 2022-09-27) Echelon Environmental Inc.
2022-08-18 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2022-08-15 Certificate (on limitations to public access), (Letter Form), Amended 23A (rec'd 2022-10-31), (Printed version filed on 2022-08-17) Glassdoor, Inc.
2022-08-15 Notice of name, (Letter Form), (Printed version filed on 2022-08-17) Glassdoor, Inc.
2022-08-15 Application for leave to appeal, (Book Form), Required:
- CA order (rec'd 2022-08-23)
- TC orders (rec'd 2022-08-23)
- Amended 23A (rec'd 2022-10-31), Completed on: 2022-11-02, (Printed version filed on 2022-08-17)
Glassdoor, Inc.

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

Main parties - Appellants
Name Role Status
Glassdoor, Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Echelon Environmental Inc. Respondent Active
Rainford, Robert Respondent Active
John Doe Respondent Active

Counsel

Party: Glassdoor, Inc.

Counsel
Names
Linda Rothstein
Richard Stephenson
Ren Bucholz
Douglas Montgomery
Contact information
Paliare, Roland, Rosenberg, Rothstein, LLP
155 Wellington Street West
35th floor
Toronto, Ontario
M5V 1H1
Telephone: (416) 646-4300
FAX: (416) 646-4301
Email: linda.rothstein@paliareroland.com
Agent
Name
Jonathan Laxer
Contact information
Power Law
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca

Party: Echelon Environmental Inc.

Counsel
Names
Christine Lonsdale
William Main
Contact information
McCarthy Tétrault LLP
Suite 5300, Toronto Dominion Bank Tower
66 Wellington Street West
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8019
FAX: (416) 868-0673
Email: clonsdale@mccarthy.ca

Party: John Doe

This party is not represented by counsel.

Party: Rainford, Robert

Counsel
Names
Christine Lonsdale
William Main
Contact information
McCarthy Tétrault LLP
Suite 5300, Toronto Dominion Bank Tower
66 Wellington Street West
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8019
FAX: (416) 868-0673
Email: clonsdale@mccarthy.ca

Summary

Keywords

Courts — Dismissal of proceeding that limits debate — Freedom of expression — Matters of public interest — Whether this Court should clarify the analytical framework for determining what constitutes an “expression that relates to a matter of public interest” — Whether expressions that are properly characterized as “online reviews” should be presumptively considered “expressions that relate to a matter of public interest”.

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.

The respondents Echelon Environmental Inc. and Robert Rainford brought a defamation action in the Ontario Superior Court of Justice against the applicant, Glassdoor Inc., and John Doe after John Doe posted negative reviews of their former employer Echelon on the online review platform Glassdoor.ca.

A motion judge denied the request of Glassdoor Inc. to dismiss the defamation action under s. 137.1 of the Courts of Justice Act, R.S.O. 1990, c. C.43 (Ontario’s anti-SLAPP provision). The Court of Appeal unanimously dismissed Glassdoor Inc.’s appeal of the motion judge’s decision.

Lower court rulings

October 6, 2021
Ontario Superior Court of Justice

2021 ONSC 5701, CV-20-00640340-0000

Applicant’s motion dismissed

May 16, 2022
Court of Appeal for Ontario

2022 ONCA 391, C69987

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

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

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

Webcasts

Not available.

Date modified: 2025-02-27