Case information
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41041
Joseph Volpe and M.T.E.C Consultants Ltd. v. Kristyn Wong-Tam, Paul Ainslie, et al.
(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) |
|---|---|---|
| 2024-05-10 | Close file on Leave | |
| 2024-05-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-09 | Judgment on leave sent to the parties | |
| 2024-05-09 |
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 C70833, 2023 ONCA 680, dated October 18, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-04-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-01-31 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-02-01, (Printed version filed on 2024-02-05) | Joseph Volpe and M.T.E.C Consultants Ltd. |
| 2024-01-25 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version due on 2024-02-01) | Maria Rizzo |
| 2024-01-25 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-01-26, (Printed version due on 2024-02-01) | Maria Rizzo |
| 2024-01-25 |
Certificate (on limitations to public access), (Letter Form), 23A; , (Printed version filed on 2024-01-25) |
Norm Di Pasquale, Markus De Domenico and Ida Li Preti |
| 2024-01-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-01-26, (Printed version filed on 2024-01-25) | Norm Di Pasquale, Markus De Domenico and Ida Li Preti |
| 2024-01-24 |
Certificate (on limitations to public access), (Letter Form), 23A; Amended version required. , (Printed version due on 2024-01-31) |
Yahoo Media Group Inc. and Elizabeth Di Filippo |
| 2024-01-24 | Notice of name, (Letter Form), (Printed version due on 2024-01-31) | Yahoo Media Group Inc. and Elizabeth Di Filippo |
| 2024-01-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-01-25, (Printed version due on 2024-01-31) | Yahoo Media Group Inc. and Elizabeth Di Filippo |
| 2024-01-17 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-01-17) | Kristyn Wong-Tam, Paul Ainslie |
| 2024-01-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-01-19, (Printed version filed on 2024-01-17) | Kristyn Wong-Tam, Paul Ainslie |
| 2023-12-19 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-12-19 | |
| 2023-12-18 | Notice of name, (Letter Form), (Printed version due on 2023-12-27) | Joseph Volpe and M.T.E.C Consultants Ltd. |
| 2023-12-18 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-12-27) | Joseph Volpe and M.T.E.C Consultants Ltd. |
| 2023-12-18 | Application for leave to appeal, (Book Form), Filing Fee (Rec'd 202-12-22), Completed on: 2024-01-03, (Printed version filed on 2023-12-19) | Joseph Volpe and M.T.E.C Consultants Ltd. |
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 |
|---|---|---|
| Joseph Volpe and M.T.E.C Consultants Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kristyn Wong-Tam, Paul Ainslie | Respondent | Active |
| Yahoo Media Group Inc. and Elizabeth Di Filippo | Respondent | Active |
| Rizzo, Maria | Respondent | Active |
| Norm Di Pasquale, Markus De Domenico and Ida Li Preti | Respondent | Active |
Counsel
Party: Joseph Volpe and M.T.E.C Consultants Ltd.
Counsel
515 Consumers Road
Suite 202
Toronto, Ontario
M2J 4Z2
Telephone: (416) 773-0309
FAX: (416) 773-0909
Email: paul.slansky@rogers.com
Agent
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.com
Party: Kristyn Wong-Tam, Paul Ainslie
Counsel
Bay Adelaide Centre, East Tower
22 Adelaide Street West
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6000
FAX: (416) 367-6749
Email: kmcgivney@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Yahoo Media Group Inc. and Elizabeth Di Filippo
Counsel
4100 – 66 Wellington Street West
PO BOX 35, TD Bank Tower
Toronto, Ontario
M5K 1B7
Telephone: (416) 619-6284
Email: cmartins@weirfoulds.com
Party: Rizzo, Maria
Counsel
Jeremy Opolsky
Ryan Lax
79 Wellington St. W.
30th Floor Box 270
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 868-7380
Email: aoake@torys.com
Party: Norm Di Pasquale, Markus De Domenico and Ida Li Preti
Counsel
366 Adelaide Street West
Suite 102
Toronto, Ontario
M5V 1R9
Telephone: (416) 971-8000
FAX: (416) 971-8001
Email: tgleason@dgllp.ca
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Courts — Dismissal of proceeding that limits debate — Freedom of expression — Matters of public interest — Proper interpretation and application of Ontario’s framework for dismissal of strategic lawsuits against public participation (SLAPPs) — Applicants’ action for defamation dismissed — Whether the Court of Appeal erred in its interpretation of matters of public interest — Whether the Court of Appeal erred in holding that the Charter did not apply — Whether the Court of Appeal erred in its approach to s. 93 of the Constitution Act, 1867?
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 applicant, Mr. Volpe, is the publisher of Corriere Canadese, a newspaper that has been critical of some of the trustees of the Toronto Catholic District School Board (TCDSB) who promoted policies that Mr. Volpe believed undermine Roman Catholic teaching on sexuality and gender. In criticizing the policies of the TCDSB, Mr. Volpe engaged in personal attacks on the trustees who championed them. After Mr. Volpe used highly pejorative language to object to the TCDSB providing a link on its website to an LGBTQ2S+ resource website which itself linked to sexually explicit material, the respondent councillors — supported by the respondent trustees — took action to have the City of Toronto stop advertising in Corriere Canadese. The applicants sued the respondents for defamation and other causes of action. The respondents successfully brought motions to dismiss the action as a SLAPP action under s. 137.1 of the Courts of Justice Act, R.S.O. 1990, c. C.43. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-21-00660297-0000
Respondents’ motions to dismiss applicants’ action granted
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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.
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Downloadable PDFs
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Related links
Factums on appeal
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
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