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Often, defamation lawsuits demand million dollar judgements, though not always.
Plaintiffs can also ask for much less. A broadcast from July 2023 has resulted in a $35,000 lawsuit from Jeremy MacKenzie in Toronto Small Claims Court. That’s the most allowed in Ontario.
Specifically, MacKenzie is suing: (a) Ezra Levant personally; (b) Rebel Media Holdings Inc.; and (c) Rebel News Network Ltd.
Worth noting, Small Claims Courts in general are a very simplified way of resolving disputes over small amounts of money. Cost awards are typically capped as well.This can be a welcome relief to the amount of paperwork that happens in Superior Court cases. The typical steps are involved:
- File Plaintiff’s Claim (a.k.a. Statement of Claim)
- File Defence (a.k.a. Statement of Defence)
- Attend Settlement Conference
- Book Trial (if no Settlement reached)
- Have the Trial
Steps #1 through #3 are complete, and a Trial needs to be booked.
Since no agreement was reached at the Settlement Conference, MacKenzie is free to request a Trial.
A complication arose, when Levant filed a Motion for Security for Costs. Essentially, he wanted MacKenzie to have to pay a deposit to the Court pending the outcome of the case. part of the issue was that MacKenzie is a Nova Scotia resident, and presumably had no assets in Ontario. An agreement was reached in the amount of $3,500.
At the time of writing this, it doesn’t appear that MacKenzie has either: (a) paid the deposit; or (b) booked a Trial date.
What Is The Nature Of The Defamation Allegations?
The lawsuit seems to focus around a July 25th, 2023 of the Ezra Levant Show. MacKenzie is suing over claims that he was slandered as follows:
a. That Mr. MacKenzie founded an explicitly racist organization;
b. That Mr. MacKenzie is a government agent;
c. That Mr. MacKenzie concocted a social movement to entrap the Coutts Four in a criminal offence.
In fairness, Levant has walked a tightrope before as to whether his comments cross into defamation. We’ll have to see what happens here.
Levant Claims Statements Taken Out Of Context
Levant claims that it’s obvious, or should be obvious, that a lot of what he covers is opinion, or commentary, and shouldn’t be taken as fact. Essentially, he’s setting up a “Fair Comment” Defence.
From page 10 in the Defence: “On the contrary, Levant clearly states during the July 25 Podcast that the Plaintiff started Diagolon as a joke or a prank, and that the Coutts 4 got into trouble because they took the joke seriously and went too far with their role playing.”
Page 9, paragraph 18, Levant says he genuinely believes that Diagolon was set up as an explicitly racist organization, but qualifies it as “I think it was done as a joke”.
From the Exhibits filed, it seems MacKenzie had his social media accounts scoured for evidence. While some was probably trolling, it may not sit well with the Court.
Should the case ever get to Trial, a Judge can make those determinations.
Government Agent (Or “Fed”) Allegations Appear True
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In his Defence, Levant filed MacKenzie’s POEC testimony as an Exhibit. This was the infamous time in 2022 when he admitted under oath that he reported “extremist” behaviour, and was willing to have a “continuous relationship” with law enforcement in identifying threats to public safety.
While this may not be enough to prove MacKenzie is a “fed”, it shows, at a minimum, that he was willing to work with them. His “informing” did lead to the arrest of Landon Preik, of the group, Liberate Your Neighbourhood.
It’s also unclear what damages MacKenzie suffered from the “fed” allegations. He’s been labelled one for several years, so it’s hardly new.
Timeline Of Major Events In This Case
October 17th, 2023: MacKenzie files the Plaintiff’s Claim (a.k.a. Statement of Claim) through his lawyer, Frank Wu. The Claim demands $35,000 (the most allowed in Ontario Small Claims), and seeks the maximum costs allowed.
November 20th, 2023: Levant files a Defence, which includes MacKenzie’s testimony before the POEC Committee, and screenshots of some of his comments.
April 22nd, 2024: Levant submits his witness list for the upcoming Settlement Conference, which is just himself.
May 3rd, 2024: Wu submits Affidavits from witnesses Jason Lavigne and Kira Decoste.
May 8th, 2024: Deputy Judge Wong certifies that there was no agreement at the Settlement Conference. Defendants are also permitted to bring a Motion for Security for Costs.
August 7th, 2024: The Defence requested the scheduling of a hearing to determine Security for Costs, and whether MacKenzie would need to post before Trial.
November 8th, 2024: Defence files Motion Record for Security for Costs. MacKenzie being an out-of-Province litigant weighed against him.
November 18th, 2024: On consent, it’s agreed MacKenzie must pay $3,500.
The deposit hasn’t yet been paid, and it’s unclear if it ever will be. But should the case ever go to Trial, transcripts will likely be published on Levant’s show.
(1) MacKenzie Plaintiffs Claim October 2023
(2) MacKenzie Defence November 2023
(3) MacKenzie Defence Affidavit Of Service November 2023
(4) MacKenzie Defence List Of Proposed Witnesses April 2024
(5) MacKenzie Defence Witnesses Affidavit Of Service April 2024
(6) MacKenzie Affidavit Of Jason Lavigne May 2024
(7) MacKenzie Affidavit Of Kira Decoste 2024
(8) MacKenzie Endorsement Of No Settlement May 2024
(9) MacKenzie Defence Request To Clerk August 2024
(10) MacKenzie Defence Motion For Security For Costs November 2024
(11) MacKenzie Defence Motion Record Affidavit Of Service November 2024
(12) MacKenzie Endorsement For Security For Costs November 2024