Inc., 2021 ONSC 7957, at para. 463 (CanLII); Smith v. Nagy, 2021 ONSC 4265, 156
Gill v. Maciver, 2022 ONSC 1279, at para. 179 (CanLII); Volpe v. Wong-Tam, 2022
ONSC 3106, 512 C.R.R. (2d) 153, at paras. 402-3).
[77]
The Court of Appeal’s consideration of a “chilling effect” flowing from a
plaintiff’s inability to pursue a defamation claim turns the concept on its head. Our
jurisprudence addresses the concern that the possible imposition of a legal penalty
would cause speakers to refrain from commenting on matters of public interest. Instead,
the Court of Appeal held that the inability to inflict a legal penalty on Mr. Hansman
would chill Mr. Neufeld’s expression and those of others who wish to express
unpopular views. Simply put, there is no chilling effect in barring potential plaintiffs
from silencing their critics and collecting damages through a defamation suit. Just as
our law protects Mr. Neufeld’s right to voice his opinions on matters of public interest,
so it protects the right of others, like Mr. Hansman, to respond. As the Court of Appeal
recognized, “freedom of expression is ‘the cornerstone of a pluralistic democracy’ and
. . . there must be room for views to be forcefully and even intemperately presented in
the public forum” (para. 70).
[78]
Mr. Hansman undoubtedly used words with the potential to inflict serious
reputational harm. But the consideration of the public interest in continuing the
proceeding must be grounded in harm to Mr. Neufeld, reputational or otherwise, caused
2023 SCC 14 (CanLII)
O.R. (3d) 770, at para. 91; Galloway v. A.B., 2021 BCSC 2344, at para. 784 (CanLII);
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات