Category: SLAPP

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Wilfrid Laurier University Files Anti-SLAPP Motion Against Jordan Peterson

Remember the big stories in 2018 when Lindsay Shepherd and Jordan Peterson each sued Wilfrid Laurier University for millions of dollars? There was strangely little to report on for the next 4 years. That’s about to change.

Laurier recently filed an anti-SLAPP Motion.

SLAPP is an acronym for strategic lawsuit against public participation. These are a specific type of suit, ones that are brought (or alleged to have been brought) for the purpose of shutting down public discourse. Laurier’s Motion Record can be obtained from the Ontario Superior Court, and it’s interesting.

Turns out, there’s more to the story.

Lindsay Shepherd sued Laurier in 2018 for a total of $3.6 million. Among other things, she claimed that her prospective career in academia had been ruined by her experience. The suit named: (a) the school itself; (b) Nathan Rambukkana, a professor of communications studies; (c) Herbert Pimlott, also a professor of communications studies; and (d) Adria Joel, the acting manager of gendered violence prevention and support.

June 18, 2018, Jordan Peterson filed a $1.5 million suit against the same Defendants as Shepherd: (a) Wilfrid Laurier; (b) Rambukkana; (c) Pimlott; and (d) Joel. He announced it online as well, making sure there was public knowledge.

Peterson did something else, which was cited in Court papers: he admitted he brought the suit for purposes other than what was filed. He said that he wanted Wilfrid Laurier to be more careful in how they talk about people, and also, that he didn’t think they learned their lesson. These statements have the potential to haunt him later on.

Given how public the suits from Shepherd and Peterson were, the school felt compelled to respond in the same manner. They announced that they thought these proceedings — in particular, Peterson’s — were being used to stifle discussion.

What the Defendants were doing was setting up a defense under Section 137.1 of the Courts of Justice Act. This has been on the books since 2015.

Prevention of Proceedings that Limit Freedom of Expression on Matters of Public Interest (Gag Proceedings)
Dismissal of proceeding that limits debate
Purposes
137.1 (1) The purposes of this section and sections 137.2 to 137.5 are,
(a) to encourage individuals to express themselves on matters of public interest;
(b) to promote broad participation in debates on matters of public interest;
(c) to discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and
(d) to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action.

Anti-SLAPP legislation exists in Ontario, and other jurisdictions — to prevent the Courts from being weaponized on issues of public interest. The Defendants were going for the argument that this is exactly what was happening with Peterson.

Peterson then decided to sue Wilfrid Laurier a second time.

Note: there is an error with the Court display. The second lawsuit is actually worth $1,750,000, not the $175,000 that is listed.

There is actually a second lawsuit on file for Jordan Peterson. It was filed September 11, 2018. He claims that Laurier’s defense (claiming he brought the initial suit to silence public discussion) amounts to further defamation. He sued again, but this time, it was only against the school itself.

Statements of Defense have been filed concerning both of Peterson’s lawsuits. The first was on August 31, 2018, and the second was on October 11, 2018.

Apparently, publicly raising an anti-SLAPP defense in a public case amounts to further defamation. It’s unclear what made Peterson think this was a good idea.

Anyhow, the university entered some of their correspondence into evidence, and it’s very interesting. All of this is available in the Motion Record. This anti-SLAPP Motion appears to only address the second lawsuit. A likely reason is that this would be a much easier target to get thrown out.

According to the correspondence submitted in the Motion Record, Laurier’s lawyers have found it strange that Peterson has apparently had prolonged health problems. After all, he has been keeping busy with:

  • Authoring another book
  • Hosting a podcast
  • Participating in media interviews to promote his book
  • Walking several miles a day

It was reasoned that if Peterson is able to do these, then he should be willing to make himself available to be questioned (deposed).

Depositions are routine in major lawsuits. They are also common in anti-SLAPP Motions. Peterson would have to swear out an Affidavit outlining the damages he suffered, and would then be subject to cross-examination. However, this apparently hasn’t happened.

One can speculate as to his motives, but it seems Peterson has bent over backwards to avoid having to testify under oath, or give evidence.

If he were to discontinue the case, it would be a huge blow to his pride. It would be far worse if his cases (either of them) were dismissed as SLAPPs. Having a Judge rule that Peterson commenced litigation to silence public discourse would destroy his reputation as a “free speech champion”.

Peterson can’t bring himself to admit what he did. But he knows the consequences of losing. Therefore, the only option may be to drag it out indefinitely. It’s worth noting that Ontario Superior Court typically dismisses cases that haven’t been set down for Trial after 5 years, unless good cause it shown. Both of his suits are well past the 4 year mark.

And what happened when Peterson sued Laurier the first time? This!

This 2018 tweet from Lindsay Shepherd is pretty comical. After suing her university for $3.6 million, Peterson decides to pile on with another $1.5 million claim. It never seemed to dawn on her that the school might try to defend itself.

By “suing her”, what Laurier actually did was file a 3rd Party Claim. This is a form of a defense, where a Defendant states that they are not responsible for alleged damages, but someone else is. In this case, the school takes the stance that Peterson should actually be suing Shepherd. They have a valid point.

She secretly recorded a private conversation, and turned it into an international story. Regardless of the nonsense in that meeting, she chose to make it public.

Shepherd’s $3.6 million lawsuit doesn’t appear to have gone anywhere either.

Free speech absolutism also doesn’t seem to be a factor. Peterson has shown he’s perfectly okay with de-platforming identitarians, who hold views he disapproves of. The above video was of Faith Goldy being disinvited to a free speech panel. It makes a mockery of the principles he claims to hold.

While Rambukkana, Pimlott and Joel acted like clowns in 2017, Peterson shouldn’t be celebrated. He has demonstrated that he’s quite willing to use the legal system as a weapon.

In the Summer of 2021, Peterson advocated for people to suspend judgement on the lockdown measures that were being implemented across the globe. Vaccine passports were implemented shortly afterwards. Gee, it’s almost as if he knew this would happen.

Despite his reputation, he’s hardly a freedom champion.

Peterson was also denounced as a limited hangout years ago for his refusal to address more complex and controversial subjects. Search “I can’t do it” for just one example of that.

But They Compared Me To Hitler….

In various interviews, Peterson never seems to tire pointing this out. Yes, it was unprofessional, and yes, inappropriate. But there comes a point where he needs to move on.

Peterson has admitted becoming extremely wealthy in the last few years. He went from being an unknown to a household name in a very short amount of time. The incident with Shepherd and Wilfrid Laurier helped immensely.

He would be hard pressed to demonstrate how that November 2017 meeting caused him damages. And remember, it was private. It only became public after Shepherd leaked the audio.

One of the things Plaintiffs in anti-SLAPP Motions must do is prove they have suffered meaningful damages as a result of the speech or expression. If they are just nominal or non-existant, such suits are supposed to be dismissed. This is probably the reason he keeps delaying the case.

This development was covered in the National Post, but the Motion Record wasn’t included.

The Motion should be heard in 2023, to dismiss the second Peterson suit.

What will happen to his first lawsuit? If this initial anti-SLAPP Motion prevails, it seems likely that Laurier will file another to get the original case thrown out. Peterson could potentially lose 2 anti-SLAPP rulings when this is over.

That said, Peterson is now a multimillionaire, so the legal fees shouldn’t be a burden.

(1) Wilfrid Laurier University Anti-SLAPP Motion Record
(2) https://www.justiceservices.jus.gov.on.ca/MyAccount/screens/CaseLookup/CSLKUP001.xhtml
(3) https://www.canlii.org/en/on/laws/stat/rso-1990-c-c43/latest/rso-1990-c-c43.html#sec137.1_smooth
(4) https://www.youtube.com/watch?v=PkNv4LFpGf4
(5) https://www.youtube.com/watch?v=a8zLcMGCedA
(6) https://www.youtube.com/watch?v=PfjQeLn0hyI
(7) https://www.youtube.com/watch?v=WXYuqrO8LLo
(8) https://nationalpost.com/news/canada/jordan-peterson-lawsuit-wilfrid-laurier?

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Following Up On The Recent Gill SLAPP Ruling, Appeal(s)

Given the developments since the costs decision was handed down against Kulvinder Gill and Ashvinder Lamba, it seems that a follow-up piece is required. Justice Stewart decided that the failed defamation lawsuit — dismissed as a SLAPP — merited full indemnity against the Plaintiffs. The price tag is about $1.1 million.

As an aside, it appears that National Post, as well as several mainstream outlets have covered the decision, and even credited this site for the research. That’s interesting. The comments pictured above are from this article.

However, it seems from the comments posted that a lot of people don’t really understand what happened, or why. Gill and Lamba weren’t in Court because someone tried to censor their speech. Instead, they sued 23 people and organisations for $12.75 million in order to silence them for their ideas, beliefs and opinions.

Gill and Lamba didn’t sue the CPSO, the College of Physicians and Surgeons of Ontario, for their practices. This was aimed primarily at critics on Twitter.

Moreover, this wasn’t for some nominal amounts, designed to make a point. Gill and Lamba demanded damages to the degree that would have bankrupted people, had they been successful.

Most readers here have already gone through the Statement of Claim filed in December 2020, and the February 2022 dismissal as a SLAPP, or strategic lawsuit against public participation. If not, they are essential for background information.

Not only were the Defendants faced with losses — roughly $500,000 each, had they lost — but they were forced to pay large sums of money to lawyers to protect themselves. The above includes the amounts that the Defendants claimed.

Gill and Lamba objected, stating that there was considerable duplication in the work done, and that the costs seem absurd. They have a point. That being said, they brought this on themselves. What exactly did they think would happen?

People in the freedom community would be outraged if some “lefty” or “commie” attempted to use the courts as a weapon to silence free speech. They would call this out as censorship and of weaponizing the legal system. It would never be tolerated.

However, Gill and Lamba did exactly the same thing — or at least tried to — and many of these freedom lovers celebrate them as heroes. The lack of awareness is amazing.

Had someone sued Gill for millions of dollars because she called them an “idiot”, many would rally to her defense. Meanwhile, she did just that to Amir Attaran, and there is complete silence. $7 million for two rude tweets is ridiculous.

According to the February ruling, some Defendants who sent rude tweets to Gill had since offered public apologies to her, and she still filed suit against them. Not at all a good look.

That’s right, apologies were made, but Gill tried to bankrupt them anyway.

The point is: if someone supports free and open discourse, regardless of how testy it can be, then it has to be done consistently. We cannot selectively censor, depending on one’s beliefs.

Gill and Lamba filed Notice of Appeal in March 2022. This was against the SLAPP decision. In a nutshell, they argue that the case should not have been dismissed, but sent to Trial instead. Costs were not factored in, as the cost ruling hadn’t happened at that point.

From the National Post:

Jeff Saikaley​, Gill’s lawyer, said neither he nor his client would comment as she is appealing both this week’s decision on costs, and the ruling in February that dismissed the lawsuit.”

Taken at face value, it implies that a second Appeal is coming, with this specific to the cost award that just came down. One has to ask what kind of advice these doctors are getting. Both Appeals are doomed, and here’s an explanation of why:

Appeal #1: Dismissal As Strategic Lawsuit Against Public Participation

To understand why this is baseless, look up s.137.1 Courts of Justice Act for Ontario. The criteria is laid out pretty clearly.

Order to dismiss
(3) On motion by a person against whom a proceeding is brought, a judge shall, subject to subsection (4), dismiss the proceeding against the person if the person satisfies the judge that the proceeding arises from an expression made by the person that relates to a matter of public interest. 2015, c. 23, s. 3.

No dismissal
(4) A judge shall not dismiss a proceeding under subsection (3) if the responding party satisfies the judge that,
(a) there are grounds to believe that,
(i) the proceeding has substantial merit, and
(ii) the moving party has no valid defence in the proceeding; and
(b) the harm likely to be or have been suffered by the responding party as a result of the moving party’s expression is sufficiently serious that the public interest in permitting the proceeding to continue outweighs the public interest in protecting that expression. 2015, c. 23, s. 3.

Without going too deep, this is how it works. First, the Defendant must convince the Judge that the speech or expression is of a public interest matter. This is the “threshold burden” and it’s very low.

At that point, the burden shifts to the Plaintiff, who must show:
(a) There is substantial merit;
(b) There are no valid, reasonable defenses; and
(c) The harm outweighs public interest in allowing this expression

In the February ruling, Justice Stewart ruled that the Plaintiffs consistently failed to meet this 3-part test. Keep in mind: if any part fails, then all of it fails. Simply meeting 1 or 2 parts isn’t enough.

For most of the claims, the Plaintiffs couldn’t even meet a single branch of it.

This isn’t to agree with, or justify what the Defendants had to say. The purpose of anti-SLAPP laws is to keep public discourse going by filtering out just these kinds of cases.

Here is the Factum of the Medical Post and Tristan Bronca. All the Factums (arguments) follow this basic formula: (a) expression meets threshold burden; and (b) Plaintiff can’t meet test to avoid dismissal.

There’s significant case law in that Factum, and is worth a read.

The standard for review is given by Housen v. Nikolaisen, 2002 SCC 33. It describes the standards used to review: (a) errors of fact; (b) errors of law; and (c) mixed fact and law.

Prediction: this Appeal will go nowhere.

Appeal #2: Full Indemnity Costs Against Gill/Lamba

Going back to s.137.1 of the Courts of Justice Act:

No further steps in proceeding
(5) Once a motion under this section is made, no further steps may be taken in the proceeding by any party until the motion, including any appeal of the motion, has been finally disposed of. 2015, c. 23, s. 3.

No amendment to pleadings
(6) Unless a judge orders otherwise, the responding party shall not be permitted to amend his or her pleadings in the proceeding,
(a) in order to prevent or avoid an order under this section dismissing the proceeding; or
(b) if the proceeding is dismissed under this section, in order to continue the proceeding. 2015, c. 23, s. 3.

These anti-SLAPP laws are quite powerful. Once a Motion is started, then the case is stayed, and nothing else can happen. This also prohibits Plaintiffs from making necessary amendments to pleadings in order to avoid a dismissal.

It also provides guidance on costs.

Costs on dismissal
(7) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances. 2015, c. 23, s. 3.

Costs if motion to dismiss denied
(8) If a judge does not dismiss a proceeding under this section, the responding party is not entitled to costs on the motion, unless the judge determines that such an award is appropriate in the circumstances. 2015, c. 23, s. 3.

Damages
(9) If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate. 2015, c. 23, s. 3.

Full indemnity (100% of costs) is seen as the starting point in these kinds of cases. Justice Stewart is entirely within her discretion to do this.

According to Volpe v. Wong-Tam, 2022 ONSC 4071 (CanLII), paragraph 25, there’s significant, and recent history in handing down full indemnity on SLAPP cases.

(i) $164,186.76 in Canadian Thermo Workers, at para. 147,

(ii) $132,000 in Bernier v. Kinsella, 2022 ONSC 1601, at paras. 10-14,

(iii) $151,741.51 to the moving party Al Jazeera in Levant, ordered by the Court of Appeal at para. 92,

(iv) $131,076 in Niagara Peninsula Conservation Authority, at para. 23,

(v) $129,106.61 plus HST in Fortress Real Developments, at para. 76, and

(vi) $122,286.94 to the defendant Ms. Mohammed and $126,438.55 to the defendant Ms. Barclay in United Soils Management, at paras. 10, 17, and 43.

Granted, the $1.1 million award here is much higher than any listed above. However, with 23 people and businesses sued, it was bound to be messy.

Arguably, Gill and Lamba dodged a bullet. The Judge could easily have included damages, given how frivolous it was.

Defendants Already Going After Their Money

A source confirmed that the Defendants are already looking at ways to recoup their money. This includes attempting to seize assets, and to get Gill’s and Lamba’s wages garnished. Being public doctors, they are presumably paid through OHIP.

Apparently, the LSO, Law Society of Ontario, has also been approached. There is a compensation fund set up for victims of malpractice or misconduct committed by lawyers. If Gill goes bankrupt or otherwise refuses to pay, it may be the only recourse for some of the Defendants. Not all of them have insurance.

The current Appeal on the dismissal has little to no prospect of success. Anti-SLAPP laws were designed to weed out these kinds of cases. A separate Appeal is being considered for costs, but that would be a tough sell, considering costs are discretionary.

As for the suit with the University of Ottawa and Amir Attaran, Gill would be well advised to discontinue that before she’s faced with another anti-SLAPP Motion. The filing has zero chance of success.

When you’re in a hole, stop digging.

It would be nice to know what kind of advice they’ve been getting. These decisions aren’t something that intelligent, fully informed people typically make.

And for true supporters of free speech and open discourse: be very careful about embracing Gill and Lamba as heroes. What they tried to do is downright shocking.

KULVINDER GILL/ASHVINDER LAMBA CASE:
(1) Gill/Lamba Defamation Lawsuit December 2020
(2) Gill/Lamba Factum Of Medical Post Tristan Bronca
(3) Gill/Lamba Case Dismissed As A SLAPP
(4) Gill/Lamba Notice of Appeal and Appellants’ Certificate
(5) Gill/Lamba Appeal – Notice of Intention to Dismiss Appeal for Delay, May 12, 2022
(6) Gill/Lamba July 15 Letter To Obtain New Counsel
(7) Gill/Lamba Case Conference Brief July 29, 2022
(8) Gill/Lamba Endorsement New Counsel Cost Submissions August 3, 2022
(9) Gill/Lamba Case $1.1 Million In Costs Ordered October 31, 2022

KULVINDER GILL/ATTARAN/UOTTAWA CASE
(1) Gill-Attaran Statement Of Claim
(2) Gill Attaran Affidavit Of Service
(3) Gill-Attaran Notice Of Intent

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Kulvinder Gill Hit With $1.1 Million Cost Award For Bringing SLAPP

An Ontario doctor is facing financial ruination over a decision to sue almost 2 dozen parties over pretty harmless comments. Another is looking at a significant amount as well. It’s hard to imagine why they thought taking this on would be a good idea.

On December 11, 2020, Kulvinder Gill and Ashvinder Lamba brought a $12.75 million defamation lawsuit against 23 individuals and organizations. While portions had to do with the CPSO, the bulk related to comments (mostly on Twitter) over “pandemic” measures.

Absurdly, many in the “freedom community” celebrated this lawsuit. Instead of suing, for example, the CPSO. this was aimed primarily at online critics.

Author’s note: originally, Gill and Lamba were represented by Rocco Galati. He left in the Spring of 2022, and the pair obtained new (and separate) lawyers. Jeff G. Saikaley took over for Gill, and Asher Honickman for Lamba. Gill and Lamba are now trying to get money back from their former lawyer, but more on that coming up.

Yes, Twitter is a cesspool, and people are often nasty and rude. However, that doesn’t justify attempting to bankrupt and destroy them. Cooler heads prevailed, and on February 24, 2022, the lawsuit was dismissed as a SLAPP, or a strategic lawsuit against public participation.

Ontario, like many jurisdictions, has laws on the books designed to quickly throw out claims that are brought to shut down speech and expression on issues of public concern.

Gill and Lamba served Notice of Appeal in March of 2022. That is still before the Court of Appeals, and will be addressed later on. In the meantime, there’s still the issue of costs from the Trial Court, specifically fees from the various Defendants’ lawyers.

Costs has been resolved, at least for this portion. Justice Stewart handed down a $1.1 million award, primarily against Gill, the main actor in the suit.

Why was this so high? Partly, because of the number of lawyers involved, but also because of the fairly unique way that SLAPP award are handed out.

For a bit of background on why SLAPP costs are calculated in an unusual manner, consider the sections from 137.1 of the Courts of Justice Act.

Costs on dismissal
(7) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances. 2015, c. 23, s. 3.

Costs if motion to dismiss denied
(8) If a judge does not dismiss a proceeding under this section, the responding party is not entitled to costs on the motion, unless the judge determines that such an award is appropriate in the circumstances. 2015, c. 23, s. 3.

Damages
(9) If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate. 2015, c. 23, s. 3.

From Sections 137.1(7) through (9) we can see full indemnity (100% of costs) is the standard if the Defendants are successful in getting the suit(s) dismissed. Should they fail, the Plaintiffs aren’t automatically entitled to their costs. There’s also a provision to allow for damages if a case is ever brought in bad faith.

Two other provisions worth noting: a case is considered “stayed” until all SLAPP issues are resolved, including appeals. This means that a claim can’t be amended, nor can it be discontinued. It’s “frozen in place”, so to speak.

No further steps in proceeding
(5) Once a motion under this section is made, no further steps may be taken in the proceeding by any party until the motion, including any appeal of the motion, has been finally disposed of. 2015, c. 23, s. 3.

No amendment to pleadings
(6) Unless a judge orders otherwise, the responding party shall not be permitted to amend his or her pleadings in the proceeding,
(a) in order to prevent or avoid an order under this section dismissing the proceeding; or
(b) if the proceeding is dismissed under this section, in order to continue the proceeding. 2015, c. 23, s. 3.

One thing to consider, a lawsuit can be dismissed as a SLAPP if any of the defenses are likely to succeed. This is a much lower threshold than what’s used for Summary Judgement.

Given this structure, there really isn’t a reason for Defendants not to at least attempt this procedure, if it’s applicable. Of course, it relates to topics of public interest, not private disputes.

These are the cost submissions from the various Defendants. Keep in mind, full indemnity is the default position, and of course everyone asked for it.

This probably caused panic in Gill and Lamba, with reality setting in about what they’re facing. Given that they attempted to bankrupt people over mean words, it’s unlikely any mercy would be shown.

What did they think would happen?

Obviously, attorney-client communications are confidential, but one has to wonder why Gill and Lamba attempted this lawsuit in the first place. Many people who read it could tell that this would go nowhere, and that a high cost award was very likely. Were they fully informed about the risks ahead of time?

Things would get stranger still.

Shortly after filing the Notice of Appeal, Galati, lawyer for Gill and Lamba, filed a Motion to be removed as counsel of record. He claimed to be too ill to continue. Much of the version publicly available is redacted as it contains privileged information. May 12, 2022, Justice Gillese granted it, leaving them scrambling to retain new counsel.

This came at a time when the pair were still dealing with the cost submissions. They did eventually find someone to take the Appeal, and for the cost submissions. Gill and Lamba then threw Galati under the bus, claiming that his prior cost submissions were entirely inadequate. This is very plausible, considering the $1 million (or more) at stake.

There was “case management” during the summer, with the issue of costs at the forefront. Gill and Lamba now had separate lawyers. This made sense since their interests now diverged. Lamba, a relatively minor player in this, seemed to think that a split on costs with Gill was unfair to her financially.

Keep in mind, all of this was still going on while there was an active challenge to the SLAPP ruling. It must have been stressful.

Going to the Court of Appeals might be seen as a Hail Mary, in an attempt to ward off financially crippling costs. But in the end, it will just dig them in deeper. It seems extremely unlikely the C.O.A. will help them at all. We will get to that further on.

Now, Gill is faced with a cost award of over $1 million.

Kulvinder Gill has other suit pending against University of Ottawa

On March 15, 2021, Gill filed a $7 million lawsuit against the University of Ottawa, and Amir Attaran, one of its professors. The Claim lists 2 (two) rude and insulting tweets that Attaran had made. Apparently, the University is vicariously liable, being his employer.

This idiot is a doctor in Ontario. Sort of a female version of Dr. Scott Atlas.

Looks like the flying monkeys are out today for Dr. Gill.
Research shows the Russian military intelligence (the GRU) are behind the anti-science COVID conspiracy social media.
So with love from Canada.

Are these comments worth $7 million in damages?

July 13, 2021, a Notice of Intent to Defend was filed on behalf of Attaran and the school. It doesn’t appear that anything has happened since then.

If Gill were wise, she would discontinue that case before she’s faced with another anti-SLAPP Motion. She’d presumably be on the hook for a further $50,000 to $100,000.

Gill/Lamba are taking Galati and Coomara to Court now

In an interesting turn of events, Gill and Lamba are asking a Brampton Court for nearly $5,700 from their (now former) attorneys. Given the small amount, this seems likely to be a refund for disbursements. Samantha Coomara works at the same firm, and is a junior associate.

Gill/Lamba Appeal pending, but has zero chance of success

Gill and Lamba did file a Notice of Appeal, along with their Certificate Respecting Evidence within the 30 day time limit.

Then things started happening. Or rather, not happening.

It really doesn’t help when the Appellant’s counsel suggests that the Trial Judge may have been biased in making determinations. It was raised a few times in the Notice.

Nor does it help when the Appeal itself is baseless. Anti-SLAPP laws exist to throw out suits that clearly have little to no merit. The issue isn’t who is the better expert, but whether the Defendants have the right to express themselves on certain topics. Name calling or insults alone are not actionable.

May 12, 2022, the Court of Appeals issued a notice that it was considering dismissed the Appeal for delay. Timelines are very short, and this can happen, unless proper permission to extend time is obtained. It seems that no material had been submitted by this point.

Counsel for Gill and Lamba bailed from the Appeal, claiming to have a prolonged illness, making it impossible to continue the work. In spite of that, the following happened:

  • May 25, 2022, he filed a suit in Federal Court over workers who were fired
  • May 31, 2022, he attended an Application to Strike (Action4Canada case)
  • June 28, 2022, he sued an anti-lockdown group in BC
  • July 12, 2022, he sued the Law Society of Ontario
  • August 28, 2022, he filed a Notice of Appeal in BC (Action4Canada)
  • October 12, 2022, he attended hearings for 2 Ontario cases

This is in addition to several ongoing fundraisers with groups like Action4Canada and Vaccine Choice Canada. There’s still money to be made in this.

He just wanted off the Gill case — for whatever reason — and illness was a pretext.

Gill and Lamba have new counsel for their Appeal, but the problems remain. Specifically, that they sued many parties over content that isn’t actionable. When the Appeal is eventually thrown out, they’ll be on the hook for those costs as well.

The Appeal deadlines have been extended (yet again), and it’s unclear when the materials will ever be submitted. A wise move at this point would be to discontinue, but that’s a decision the Appellants have to make. They’re digging themselves in deeper. True, they have new lawyers, but that doesn’t make the Appeal any less frivolous.

While Section 137.1(7) typically allows for full indemnity (100% costs) for successful anti-SLAPP Motions, this would apply to the Appeals of those decisions. It’s not too farfetched to see Gill and Lamba — or, primarily Gill — hit with another $200,000 to $400,000. This would be in addition to the $1.1 million that they’re already on the hook for.

As for the Defendants, who still have to deal with an Appeal: they want their pound of flesh. There won’t be any sympathy. There’s already talk about getting liens, and having garnishment done. Unless Gill has significant assets to sell, she’s looking at bankruptcy.

One has to wonder what kind of legal advice Gill and Lamba have received since 2020. Anyone with a working knowledge of anti-SLAPP legislation could have foreseen this outcome.

It would be interesting to see if a Law Society complaint gets filed, or already has been. With so much money at stake, things are going to be messy.

KULVINDER GILL/ASHVINDER LAMBA CASE:
(1) Gill/Lamba Defamation Lawsuit December 2020
(2) Gill/Lamba Factum Of Medical Post Tristan Bronca
(3) Gill/Lamba Case Dismissed As A SLAPP
(4) Gill/Lamba Notice of Appeal and Appellants’ Certificate
(5) Gill/Lamba Appeal – Notice of Intention to Dismiss Appeal for Delay, May 12, 2022
(6) Gill/Lamba July 15 Letter To Obtain New Counsel
(7) Gill/Lamba Case Conference Brief July 29, 2022
(8) Gill/Lamba Endorsement New Counsel Cost Submissions August 3, 2022
(9) Gill/Lamba Case $1.1 Million In Costs Ordered October 31, 2022

KULVINDER GILL/ATTARAN/UOTTAWA CASE
(1) Gill-Attaran Statement Of Claim
(2) Gill Attaran Affidavit Of Service
(3) Gill-Attaran Notice Of Intent

VACCINE CHOICE CANADA COURT DOCUMENTS:
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Mercer Statement Of Defense
(4) VCC – Mercer Affidavit Of Service

VACCINE CHOICE CANADA LAWSUIT (2019):
(1) VCC – Statement Of Claim, October 2019 Lawsuit

ACTION4CANADA COURT DOCUMENTS:
(1) A4C Notice of Civil Claim
(2) A4C Response October 14
(3) A4C Legal Action Update, October 14th 2021 Action4Canada
(4) A4C Notice of Application January 12
(5) A4C Notice of Application January 17
(6) A4C Affidavit Of Rebecca Hill
(7) A4C Response VIH-Providence January 17
(8) A4C Response to Application BC Ferries January 19
(9) https://action4canada.com/wp-content/uploads/Application-Record-VLC-S-S217586.pdf
(10) https://drive.google.com/file/d/1BfS_MyxA9J11WeYZmk8256G7GsWEFZ62/view
(11) Notice_of_Discontinuance_Federico_Fuoco_Fire_Productions
(12) Notice_of_Discontinuance__Amy_Muranetz_
(13) A4C Notice Of Appeal September 28 2022

CHILDREN’S HEALTH DEFENSE CANADA/ONTARIO STUDENTS:
(1) Notice Of Application — April 20, 2021, Masks On Students
(2) Schools – Rule 2.1.01 Decision
(3) Schools — Notice Of Appearance Robert Kyle
(4) Schools — Notice Of Appearance Halton Durham

POLICE ON GUARD/OFFICERS:
(1) Notice Of Application — April 20, 2021

FEDERAL VACCINE PASSPORT CHALLENGE:
(1) Statement Of Claim, Federal Workers Forced Out

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Kulvinder Gill’s Other Frivolous Multi-Million Dollar Lawsuit

Regular readers of this site will likely remember a $12.75 million lawsuit brought in late 2020 by Kulvinder Gill and Ashvinder Lamba. They attempted to bankrupt and destroy 23 people and media outlets, largely over mean words on Twitter. Thankfully, sanity prevailed, and the case was dismissed as a SLAPP, or a Strategic Lawsuit Against Public Participation. (Ruling here).

Yes, Twitter is a cesspool, but this was ridiculous.

As it turns out, however, this isn’t the only time Gill has tried something like this. In March 2021, she filed a $7 million lawsuit against Amir Attaran and the University of Ottawa, over much the same things.

Note: although the court search shows $5 million as the total, a read through the Statement of Claim makes it clear that it’s actually $7 million being sought.

To avoid confusion, these are the 2 lawsuits:
Case #1: Gill & Lamba v. MacIver et al (dismissed as SLAPP)
Case #2: Gill v. Attaran & University of Ottawa (open, but dormant)

The first case was for $12.75 million, and the second for another $7 million. It takes a serious ego trip to think that words on Twitter are worth around $20 million.

Now, what were the specific defamatory statements for the second case?

This idiot is a doctor in Ontario. Sort of a female version of Dr. Scott Atlas.

Looks like the flying monkeys are out today for Dr. Gill.
Research shows the Russian military intelligence (the GRU) are behind the anti-science COVID conspiracy social media.
So with love from Canada.

No joke. Those are the statements provided from Attaran. In terms of raw content, this is far, FAR weaker than the last case, which was thrown out.

Think this is worth $7 million?

This apparently came from Attaran, who is a faculty member at the University of Ottawa. So, by extension, the school itself must be on the hook as well. Yeah, that’s not an abuse of the legal system in any way.

The big case with Gill and Lamba suing 23 parties was thrown out as a SLAPP, and never made it to trial. Here’s a brief quote from the Courts of Justice Act of Ontario, explaining the rationale behind having this option for certain types of cases.

Prevention of Proceedings that Limit Freedom of Expression on Matters of Public Interest (Gag Proceedings)
.
Dismissal of proceeding that limits debate
.
Purposes
.
137.1 (1) The purposes of this section and sections 137.2 to 137.5 are,
.
(a) to encourage individuals to express themselves on matters of public interest;
(b) to promote broad participation in debates on matters of public interest;
(c) to discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and
(d) to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action.

It should be noted that there’s no qualification as to what opinions are allowed in the public arena. Provided the statements relate to topics of a public interest, virtually anything can be given protections. It’s also a very low burden to qualify as being “of a public concern”.

Here’s a simplified explanation of SLAPP:

(1) Defendants file a motion, and they must meet the “threshold burden”. This is to convince a Judge that it relates to matters of public interest.

(2) Afterwards, the burden shifts to the Plaintiffs, who must meet 3 tests in order to keep the case alive. If even one branch is failed, the lawsuit is dismissed. They must demonstrate that:

(a) There is substantial merit to the case;
(b) There are no reasonable defenses available; and
(c) There is greater interest in reputation than protecting the expression, even if the case does meet the minimum requirements for defamation

SLAPP legislation is meant to prevent people from using the Courts as a weapon to forcibly silence discussion on public interest issues. Simple name calling or insults don’t qualify. In the previous case, the Plaintiffs couldn’t even meet a single part of that test.

This case with Attaran and the University of Ottawa would almost certainly be tossed for the same reasons. The Court won’t take a Twitter spat seriously for the purposes of handing out millions of dollars.

That being said, it appears that there are no real efforts underway to force that case to trial. Nothing has been filed since the Notice of Intent back in June 2021. The case has been dormant for over a year. It’s unclear what the purpose of filing it was, since there wasn’t even any publicity concerning it.

It’s also worth pointing out that “full indemnity” is the default result of a successful SLAPP motion. What this means is that if the case is dismissed, the Defendants are entitled to 100% of their costs. According to sources from the last case, it cost about $1.3 million to defend 23 Defendants. It’s unclear how much it would cost Attaran and the University of Ottawa to do the same thing.

This is just a hunch, but the University of Ottawa probably has insurance to cover such things. What a great use of student fees.

One more thing: this upcoming case with Attaran won’t go anywhere in the foreseeable future as Gill likely doesn’t have representation at this point. Court searching also showed that Gill and Lamba are taking action against their lawyers from the last case. The amount is $5,672.66, presumably what they are out of pocket already, or at least a portion of it.

Gill and Lamba are likely also outraged at being abandoned during their appeal of the February 2022 ruling. But it all fairness, it never had a chance. And when it’s eventually dismissed, it will just add to the costs from the Trial Court.

Granted, Gill and Lamba appear to have gotten horrible legal advice for the 2 lawsuits (Lamba was only involved in the first). Still, reasonable and well educated people shouldn’t be doing such things, so it’s difficult to have much sympathy for them.

Strange, even the “alternative” media doesn’t cover these things.

Now, this is just an opinion, but people who act this way probably shouldn’t be in positions of power or influence. If some mean words is enough to cause someone to attempt to destroy or bankrupt another, then they don’t have the temperament or self control needed.

In other news: members of the public can SEARCH FOR FREE in Ontario as to the updates on such cases. British Columbia has COURT SEARCH ONLINE, but that’s behind a paywall. Instead of taking the word of people who have incentives to drive fundraising — or some reporter on the internet — go check the cases for yourselves.

Ontario Superior Court, Civil Branch
330 University – Toronto
330 University Ave.
Toronto ON M5G 1R7

Court file numbers provided

Civil – Superior Court of Justice
tel. 416-327-5440 (front desk)

CSD.SCJRecords(at)ontario.ca (records department)

An ambitious person showing initiative can also verify what’s been happening with various cases by contacting the court directly, or by visiting. There are many options.

  • Vaccine Choice Canada (VCC), et. Al. (and others) v. Her Majesty the Queen, et.al. (and others) Ontario Superior Court #CV-00629810-0000. Filed October 2019. No movement since pleadings closed in March 2020.
  • Vaccine Choice Canada (VCC), et. Al. (and others) v. Justin Trudeau, et.al. (and others) Ontario Superior Court #CV-20-00643451-0000. Filed July 2020. Single Notice of Intent filed September 2020. No movement at all since.
  • Gill & Lamba v. MacIver et al. Ontario Superior Court #CV-20-00652918-0000. Filed November 2020. Dismissed as a SLAPP, or strategic lawsuit against public participation. Appealed, but status unknown.
  • Gill v. Attaran & University of Ottawa, Ontario Superior Court #CV-21-00658784-0000. Filed March 2021. A Notice of Intent to Defend (not an actual Statement of Defense) was filed in July 2021. No movement since then
  • Sgt. Julie Evans, et al v. AG of Ontario, et al Ontario Superior Court #CV-21-00661200-000. Filed April 2021. No movement since Notice of Application filed.
  • M.A. and L.A., et al vs. Eileen De Villa, et al Ontario Superior Court #CV-21-00661284-0000. Filed April 2021. No movement since Notice of Application filed.
  • Action4Canada, et al vs. Dr. Bonnie Henry, Justin Trudeau, Premier Horgan, et al British Columbia Superior Court # VLC-S-S-217586. Filed August 2021. Awaiting decision for Application to Strike given the exceptionally poor quality drafting of the Statement of Claim

Not too encouraging, is it?

Good thing there are people who will put in the effort to bring the real truth out to the public. Virtually no media outlets do that.

(1) Gill-Attaran Statement Of Claim
(2) Gill Attaran Affidavit Of Service
(3) Gill-Attaran Notice Of Intent

(4) https://canucklaw.ca/kulvinder-gills-frivolous-and-vexatious/
(5) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc1279/2022onsc1279.html
(6) https://www.ontario.ca/page/search-court-cases-online
(7) https://justice.gov.bc.ca/cso/index.do

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Kulvinder Gill’s Frivolous And Vexatious Claim Dismissed As A SLAPP

“[17] I also conclude that these claims are precisely ones that are of the kind that s. 137.1 is designed to discourage and screen out. ”

“[58] For greater clarity, I view all of the expressions or statements complained of by the Plaintiffs to have been made on matters of public interest. The test required by s. 137.1 has been applied to each in order to determine the appropriate result. In each case, I should be taken to have accepted and adopted fully the submissions advanced on behalf of each of the Defendants.” – Justice Stewart

A $12.75 million defamation lawsuit filed in December 2020 has been ended. The Ontario Superior Court ruled that it fully met the criteria for being classified as a SLAPP, and was dismissed. Kulvinder Gill and Ashvinder Lamba demanded millions in damages from online words. They literally tried to bankrupt people they disagreed with on platforms like Twitter.

Perhaps bragging about it in the national papers wasn’t the best idea.

The substance of this came from online postings related to restricting people’s freedoms, and what pharmaceuticals were best during a “pandemic”. (It’s fake, but that’s a discussion for another time).

In a 51 page ruling, Justice Elizabeth Stewart said that it was exactly the sort of case which anti-SLAPP laws were designed for. The sheer number of Defendants, 23, and the amount of money sought was staggering. Despite this, the Plaintiffs never produced any real evidence of damages to justify the millions they demanded.

To be blunt, this case appears to be frivolous and vexatious.

Considering how this came about, and all of the racism accusations leveled in the Statement of Claim, Gill and Lamba are very lucky they weren’t countersued for defamation. The Defendants would have had a much stronger case. Nonetheless, this lawsuit never stood a chance, if it even made it to trial.

A Quick Introduction To Civil Procedure

There are several sections of the Rules of Civil Procedure for Ontario which permit cases to be ended early. Truly meritless Claims and Applications clog up the system, and deserve to be removed.

  • Rule 2.1.01(6) this allows the Registrar to stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court
  • Rule 20: this covers Summary Judgement Applications. Either side can file for one, if it appears that either there is no case, or no valid defense. Appropriate when there are no major issues to resolve
  • Rule 21.01: in order to expedite a case, permits: (a) for the determination, before trial, of a question of law raised by a pleading in an action where the determination of the question may dispose of all or part of the action, substantially shorten the trial or result in a substantial saving of costs; or (b) to strike out a pleading on the ground that it discloses no reasonable cause of action or defense
  • Rule 24: if Plaintiffs are unnecessarily delaying the proceedings, and this can happen in different stages, the Court has the discretion to dismiss it
  • Rule 25.11: an option to strike the pleadings — which does not amount to trying the case — if a pleading is frivolous, scandalous, vexatious, or otherwise an abuse of process

Rule 2.1.01(6) is meant for a Registrar, or low-level official. This is restricted to the very obvious cases. The others involve higher standards, and are meant for Justices, Judges or Associate Judges.

In the case of defamation lawsuits, Section 137.1 of the Courts of Justice Act provides another remedy. If a Plaintiff is using the Courts as a weapon to silence discourse on an important public issue, this can be stopped by filing an anti-SLAPP Motion.

SLAPP Means Strategic Lawsuit Against Public Participation

This isn’t unique to Ontario. There are other Provinces and U.S. States which have very similar laws on the books, and the principles are much the same.

Prevention of Proceedings that Limit Freedom of Expression on Matters of Public Interest (Gag Proceedings)
.
Dismissal of proceeding that limits debate
.
Purposes
.
137.1 (1) The purposes of this section and sections 137.2 to 137.5 are,
.
(a) to encourage individuals to express themselves on matters of public interest;
(b) to promote broad participation in debates on matters of public interest;
(c) to discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and
(d) to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action.

Once a SLAPP Motion is brought forward, it freezes everything else. Nothing can happen until this is resolved, which includes possible appeals to the higher Court(s).

It’s important to note that anti-SLAPP applies to speech that’s of a public interest matter. It doesn’t apply to disputes over private issues. Once the Defendant(s) satisfy the Court that the speech is of a public matter, the burden then shifts to the Plaintiff(s). To prevent dismissal, Judge or Justice must be convinced there are grounds to believe that:

  1. the proceeding has substantial merit, and
  2. the moving party has no valid defence in the proceeding; and
  3. the harm likely to be or have been suffered by the responding party as a result of the moving party’s expression is sufficiently serious that the public interest in permitting the proceeding to continue outweighs the public interest in protecting that expression.

If the Plaintiff cannot meet all 3 parts of this test, then the case qualifies as a SLAPP. Here, the Court found that they didn’t meet even a single prong of the test. As such, the Court had no choice but to dismiss the case. And as the Justice stated, the laws were designed for cases like this.

The Ontario Libel & Slander Act has built in provisions which allow for the protection of certain categories of speech. These include fair comment and qualified privilege, which were heavily referenced in the Decision.

Justification
.
22 In an action for libel or slander for words containing two or more distinct charges against the plaintiff, a defence of justification shall not fail by reason only that the truth of every charge is not proved if the words not proved to be true do not materially injure the plaintiff’s reputation having regard to the truth of the remaining charges

Fair comment
.
23 In an action for libel or slander for words consisting partly of allegations of fact and partly of expression of opinion, a defence of fair comment shall not fail by reason only that the truth of every allegation of fact is not proved if the expression of opinion is fair comment having regard to such of the facts alleged or referred to in the words complained of as are proved.

Fair comment
.
24 Where the defendant published defamatory matter that is an opinion expressed by another person, a defence of fair comment by the defendant shall not fail for the reason only that the defendant or the person who expressed the opinion, or both, did not hold the opinion, if a person could honestly hold the opinion.

Communications on Public Interest Matters
Application of qualified privilege
.
25 Any qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other persons.

It’s important to know that there are safeguards written into the Act. These are just some of them. A free society can’t function properly if speech is weaponized like this.

Could This Dismissal Be Appealed?

In theory, yes. Rule 61.04 allows 30 days to file a Notice of Appeal. However, given how badly the case went, Gill and Lamba would have to be pretty dense to even try. It’s a high burden.

Housen v. Nikolaisen, 2002, sets out the standard for review of a decision. Broadly speaking, Appeals are heard because of an alleged error of fact or law.
(i) The standard of review for findings of fact is such that they cannot be reversed unless the trial judge has made a “palpable and overriding error”. A palpable error is one that is plainly seen.
(ii) By contrast, a possible error of law is treated “de novo”, and looked at as if hadn’t been ruled on before. It might be viewed as a lower standard.

The reasoning behind “giving deference” to the factual findings is that the Judge is there, and more able to assess what’s going on. Also, there has to be some presumption of competence.

The Justice stated that there was no evidence of damages, the tweets were about public interest matters, and not defamatory. These are findings of fact, and unless something obvious is missed, not easy to challenge. In short, a hypothetical appeal would go absolutely nowhere.

What About Costs For The Defendants?

In the ruling, the Justice gave the Defendants 30 days to make submissions for costs. And here’s where things get more interesting.

There are 19 lawyers listed for the Defendants in the REASONS FOR DECISION. While it’s unclear how much the total fees are, it’s likely a lot. This case involved depositions, and a SLAPP Motion. Both of these are expensive and time consuming. Estimating an average $30,000 each — which may be at the low end — this case would have cost them over half a million to defend.

It’s quite possible that the Plaintiffs could each be on the hook for well over $100,000. Although most allegations didn’t involve Ashvinder Lamba, she clearly participated in the suit.

The final ruling made it clear that there was no evidence of damages, and that the issues addressed were public matters. Despite the tone in some of the messages, they were protected speech. The suit was frivolous and vexatious, so a stiff award can be expected.

What Exactly Started All Of This?

In the case of Gill and Lamba, this case arose largely over Twitter spats. The Plaintiffs (primarily Gill), got into arguments with people on Twitter, which later ended with her blocking them. I guess there’s a little Rempel in all of us.

These other people — who they later sued — were promoting vaccines and martial law measures, for a non-existent virus. Gill, to her credit, opposed these restrictions, but promoted alternative medicines, again for a non-existent virus. However, this was Twitter nonsense, and shouldn’t be taken seriously.

Instead of ignoring people if there was such a disagreement, Gill, Lamba, and their representative were documenting and archiving social media posts. To a casual observer, it appears as these may have been planned as a way of generating evidence. In the end, Gill and Lamba sued 23 doctors, media personalities, and media outlets, over relatively harmless comments.

One has to wonder if this was just an overreaction, or a calculated way to silence differing views. Most people supporting freedom want more speech available, not less.

Even on the miniscule chance that this lawsuit had been successful, what was the goal? Suing private parties doesn’t result in changes to public policy. There’s no way that any money (besides a nominal amount) would ever have been awarded. If anything, it makes lockdown objectors appear unprincipled, despite claiming to support freedom.

After the costs are paid, this won’t really be the end. Expect this decision to be a standard for dismissing meritless defamation claims. We now have a precedent of lockdown opponents trying — and failing — to silence and bankrupt their critics. Gill and Lamba will become very well known by lawyers, but for all the wrong reasons.

This isn’t to defend people like Abdu Sharkawy, and the quackery promoted. This site has exposed many of the hacks, and media payoffs. Nonetheless, this lawsuit did an enormous disservice to real resistance in Canada. The Plaintiffs can honestly say that they fought, and won, a baseless lawsuit.

If there is something positive in all of this, it’s that the Ontario Superior Court did throw out an abusive case because of the chilling effect it would have on public discourse. Read both the Statement of Claim, and Decision for more context. As absurd as these “health measures” are, throwing the suit out really was the right decision.

(1) Gill & Lamba v. Maciver decision CV-20-652918-0000 – 24 Feb 2022
(2) Gill & Lamba Defamation Lawsuit
(3) https://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest
(4) https://www.canlii.org/en/on/laws/stat/rso-1990-c-c43/latest/rso-1990-c-c43.html
(5) https://www.canlii.org/en/ca/scc/doc/2002/2002scc33/2002scc33.html
(6) https://www.canlii.org/en/on/laws/stat/rso-1990-c-l12/latest/rso-1990-c-l12.html
(7) https://www.theglobeandmail.com/canada/article-lawsuit-thrown-out-after-anti-vaccine-doctors-sue-over-challenges-to/?utm_source=dlvr.it&utm_medium=twitter
(8) https://nationalpost.com/news/canada/doctor-who-said-canada-doesnt-need-covid-vaccine-calls-online-critics-hyenas-in-6-8m-libel-suit

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A Case For Tort Reform: “Free-Speech” Grifters Want $5 Million

(Peterson interview after suing)

(Peterson announcing lawsuit to follow Shepherd)

(Pedantic Shepherd, YouTube is beside the point)

(Shepherd sues, then complains about being sued)

Background Information

The details of the Wilfrid Laurier University scandal (Lindsay Shepherd, the 3 staff members, and Jordan Peterson), is old news at this point. The article just focuses on the lawsuits brought against WLU and its staff by Peterson and Shepherd.

It is the opinion here that although the facts alleged are basically true, the claims are fraudulent. They are combined seeking 5 million dollars (Shepherd $3.6, Peterson $1.5M). This is an abuse of the court system, and a way to unjustly enrich themselves.

Keep in mind, Peterson’s only claim to damages was that the tape defamed him (comparing him to Hitler, and other comments). His critics were vilified by the media. He suffered no actual damage, other than being named in a tape that Shepherd released.

Shepherd claims that not only was this 42 minute meeting difficult (surely it was), but that she was never treated the same way again. She cites a few examples, but nothing that would lead a reasonable person to think this would be worth millions in damages. Shepherd claims to be unemployable in academia, but her new love for media probably helped that.

Did WLU staff act like d*****bags? YES
Were inappropriate things said? YES
Was a tape of this leaked to the media? YES
Does any of this amount to millions in damages? NO

Complete Hypocrisy

During the Louder With Crowder interview, Peterson (at 50:20) criticizes the Ontario Human Rights Code for automatically making employers vicariously liable for things employees say. However, he has no issue with USING vicarious liability in order to name the University in his lawsuit.

Peterson claimed that it was libel for Rambukkana to compare him to Hitler, yet Peterson compares trans activists to Communists, who have caused the deaths of millions of people.

Peterson has come to fame claiming to be a free speech champion, but has no issue deplatforming speakers he doesn’t agree with. Faith Goldy is a particularly bad example.

Shepherd and Peterson both claim to be free speech champions, but then sue over words they don’t like.

Karma In All Of This?

In 2018, Shepherd launched a $3.6 million lawsuit against Wilfrid Laurier University and 3 of its staff (Nathan Rambukkana, Herbert Pimlott, and Adria Joel). Although the infamous meeting was cited, there were other problems occurring later which were cited in the statement of defense.

Jordan Peterson filed a $1.5 million lawsuit of his own, claiming that Laurier hadn’t learned its lesson. Peterson claimed that the infamous tape had damaged his reputation.

Regarding Peterson’s claim, the WLU filed a 3rd party claim (Form 29A). It stated that if Peterson actually had suffered damages, he should be suing Lindsay Shepherd, as she made the tape secretly and released it.

Shepherd was outraged. After filing a lawsuit against her university, she is shocked that they would use her as a defence in a related lawsuit. She brought this on herself.

WLU should consider Rule 2.1.01

Some Law On Frivilous Proceedings

Rule 2.1 General Powers to Stay or Dismiss if Vexatious, etc.
.
Stay, Dismissal of frivolous, vexatious, abusive Proceeding
Order to Stay, Dismiss Proceeding
2.1.01 (1) The court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. O. Reg. 43/14, s. 1

Although litigation tends to drag on a long time, something like this should be used. The litigation (particularly Peterson’s) is an abuse of process.

Ontario Libel & Slander Act

Definitions
1 (1) In this Act,
“broadcasting” means the dissemination of writing, signs, signals, pictures and sounds of all kinds, intended to be received by the public either directly or through the medium of relay stations, by means of,
.
(a) any form of wireless radioelectric communication utilizing Hertzian waves, including radiotelegraph and radiotelephone, or
(b) cables, wires, fibre-optic linkages or laser beams,
and “broadcast” has a corresponding meaning; (“radiodiffusion ou télédiffusion”, “radiodiffuser ou télédiffuser”)
“newspaper” means a paper containing public news, intelligence, or occurrences, or remarks or observations thereon, or containing only, or principally, advertisements, printed for distribution to the public and published periodically, or in parts or numbers, at least twelve times a year. (“journal”) R.S.O. 1990, c. L.12, s. 1 (1).

Wilfrid Laurier and its 3 staff members did not do this. Shepherd did. She released the recording to the media, with the intent of making it widely distributed. So Rambukkana and Pimlott have a valid point. If Peterson did suffer damages, it was caused by Lindsay Shepherd.

Yes, Rambukkana and Pimlott were unprofessional for making the comments in the first place. However, it is clear they never meant to be recorded.

There is also some ambiguity as to the Statute of Limitations, whether it would be 3 months, or 2 years. If it is 3 months, then it has already lapsed.

Some Canadian Cases

Here is Hill v Church of Scientology of Toronto (1995), which dropped “actual malice” as a requirement.

Here is Grant v Torstar (2009), which created an exception for responsible journalism.

Here is Crookes v Newton (2011), which ruled that linking, or hyperlinking stories does not count as publishing.

However, all of this may be irrelevant, since it was Shepherd who SECRETLY recorded the meeting, and then chose to publish it WITHOUT THE KNOWLEDGE OR CONSENT of the other parties.

Ontario’s Bill 52

Not sure if this would be relied on in the proceedings, but in 2015, the Ontario Government passed Bill 52 on this subject. Interesting is section 137.1

Dismissal of proceeding that limits debate
Purposes
Rejet d’une instance limitant les débats
Objects
137.1 (1) The purposes of this section and sections 137.2 to 137.5 are,
(a) to encourage individuals to express themselves on matters of public interest;
(b) to promote broad participation in debates on matters of public interest;
(c) to discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and
(d) to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action.

Final Thoughts On This

The topic of tort reform is a popular one in recent years, particularly in the United States. Putting a cap on maximum damages, or making it harder to collect on bogus claims is a goal worth pursuing.

Any google or online search of “tort reform” will lead to an almost endless number of matches.

This is not at all to say that a person should “never” go to civil court. If an employer doesn’t pay your wages, or your property is damaged, or bills are not paid, then litigation can be a very valid path. Admittedly, “reasonable” is very subjective. However, most people can agree that one must suffer actual damages to go to court.

However, Shepherd and Peterson have both laid million dollar lawsuits because people said mean things to them. (Shepherd’s claim cites more detail). And hypocritically, both think nothing of mocking their detractors.

These 2 are not the free speech champions they pretend to be. Rather, they support free speech when it is convenient to do so. They are “free-speech grifters”.

Hard to feel sorry for her anymore.

(1) Jordan Peterson On United Nations sustainable Development Agenda
(2) Bill C-16, Gender Identity Bill In Canada
(3) Louder With Crowder interview
(4) Peterson & Cathy Newman
(5) Faith Goldy Deplatformed
(6) Deplatforming Faith Goldy At “Free Speech” Event
(7) https://www.identitygrifting.ca/
(8) Peterson announcing $1.5M lawsuit and WLU University and 3 employees
(9) Peterson Interview On Lawsuit (2:55)
(10) National Post article on WLU 3rd Party Defence
(11) Ontario Human Rights Code
(12) Ontario Court forms index.
(13) Ontario Rules of Civil Procedure
(14) Ontario Libel and Slander Act
(15) Hill v. Church of Scientology, 1995
(16) Ontario Bill 52, protecting expression in matters of public interest