Plaintiffs’ decision to sue defendants in the first place called into question
An Ontario judge has dismissed a $1-million libel action by three nurses who faced disciplinary action for their anti-vaccine views during the pandemic, calling the plantiffs’ decision to sue puzzling
and surprising
Kristen Nagle of London, Ont., Kristal Pitter of Tillsonburg, Ont., Sarah Choujounian of Toronto and the Canadian Frontline Nurses filed their court action under the province’s anti-SLAPP legislation in December 2021, (new window) alleging the Canadian Nurses Association (CNA) and independent B.C. news outlet Together News Inc. (TNI) caused harm to their personal and professional reputations with separate online articles published in the fall of 2021
SLAPP, which stands for strategic lawsuit against public participation, is a legal manoeuvre traditionally used by the rich and powerful to intimidate, silence and/or bankrupt opponents. Ontario introduced legislation in 2015 designed to protect against such gag proceedings (new window) from using the courts to silence expression on matters of public interest
The CNA’s comment can be read here (new window). TNI’s article can be read here (new window)
In her 29-page decision issued Dec. 23, Superior Court Justice Marie-Andrée Vermette sided with the defendants, saying the plaintiffs failed to establish they have suffered sufficiently serious harmand failed to show a causal link between the harm they allege and the publications in issue
Vermette cited the anti-SLAPP legislation (new window), saying there were significantly more important sources of harm
to the nurses’ reputations that were unrelated
: to the publications, including
Professional misconduct investigations of all three nurses by the province’s nursing regulator, the College of Nurses of Ontario (CNO)
The fact all three nurses were terminated from their respective jobs with cause
Numerous media reports about the the nurses, including articles by what the court called “high-profile media organizations”
Vermette also called into question the plaintiffs’ decision to sue in the first place, calling it puzzling
given that similar information appeared in numerous
other articles published in Canada
She also said the decision to specifically sue TNIa small and regional media organization
was particularly surprising
because the plaintiffs chose to ignore similar expressions made by media giants
‘No comment’ from plaintiffs’ lawyer
The CBC was specifically cited in the decision by Vermette, who noted Nagle stated that CBC ruined her career and destroyed her life. The plaintiffs have not sued CBC for libel
CBC News attempted to clarify the statement made by Nagle, who did not respond to a request for comment Wednesday
We were surprised they decided to pick on a small media outlet on Vancouver Island. I think they underestimated us and to their detriment.- Will Horter, editor of the VanIsle news network
Alexander Boissonneau-Lehner, the lawyer for the plaintiffs, responded no comment
in an email when reached by CBC News on Tuesday
The court’s decision to dismiss the lawsuit under anti-SLAPP legislation is the latest judgment against anti-vaccine and anti-science groups attempting to use the courts to silence and intimidate critics
Until the COVID-19 pandemic, SLAPP suits were the traditional tactic of the rich and powerful to bully critics into silence, but the legal tactic has been increasingly used lately by those spreading health misinformation (new window) in an attempt to hush critics
Defendant calls action a ‘classic SLAPP suit’
This was a classic SLAPP suit in the sense they were just trying to shut us up
Will Horter, editor of the VanIsle news network, which is owned by TNI, told CBC News on Tuesday
We were surprised they decided to pick on a small media outlet on Vancouver Island
he said. “I think they underestimated us and to their detriment
We’re glad the judge made the decision she did
Horter saidI think it’s an important victory for truth in Canada in an age of disinformation
CNA is very pleased that the court found that the public interest in protecting the CNA’s statement
Lucas Veiga, the public affairs lead for the CNA, wrote via text message Wednesday
CNA takes its role advocating for the nursing profession and the health-care system and the health of those living in Canada seriously
Now that the judge has dismissed the lawsuit, all three parties must agree on costs
Under Ontario’s anti-SLAPP legislation, defendants are entitled to full costs of the litigation unless a judge determines otherwise
Vermette wrote in her decision that she would hear arguments to determine damages in January should the parties not be able to agree on costs
CBC News
