HateGate, Part 2C: Settling The Score With The Canadian Anti-Hate Network

Again, this is not clickbait.

On July 12th, 2023, HateGate co-author Caryma Sa’d filed a $100,000 lawsuit in Federal Court. It was against the Canadian Anti-Hate Network (CAHN), and Morgan Yew, one of its reporters.

At its core, it was a defamation lawsuit, but dressed up as trademark and competition.

If this sounds familiar, it should. It’s the same stunt that co-author Elisa Hategan (or Ferryman-Cohen) had pulled with Bernie Farber and Elizabeth Frederiksen (formerly Moore). And likewise, Sa’d saw her case thrown out by the Judge.

The case was struck on September 25th, 2023, for failing to state a Cause of Action, or to sue over anything the Court could realistically grant. Coincidently, that’s when the “HateGate Affair” was released.

Parts 1, 2A, 2B, 3 and 4 of the HateGate scam are available as well.

Why do these author lawsuits matter? It’s because they show — at a minimum — that there’s an axe to grind against Bernie Farber and CAHN. It’s difficult to view the authors as being at all unbiased when they’ve filed lawsuits about the very people they’re “doing research on”.

As an aside, Sa’d was represented by Frederick Wu. This is also Jeremy MacKenzie’s lawyer in his October 2023 defamation suit with Ezra Levant and Rebel Media. Considering that he filed this case in the wrong Court, it’s understandable why he’d have trouble with the later one. Wu seems to be an incompetent lawyer.

Defamation Rebranded As Trademarks/Competition Act Violations

The Statement of Claim reads largely as a defamation suit, which should properly be brought in Provincial Court. Instead, it was filed in Federal Court. Allegations which may be viewed as harassment should probably have been filed Provincially as well. According to the ruling:

[7] The principal allegations in the Statement of Claim surround an event that Ms. Sa’d intended to host on July 10, 2021, in Toronto’s Chinatown district, described as a comedy night at which Ms. Sa’d would interview and roast an individual she describes as a right-wing personality. In the days leading to the event, CAHN expressed concern about the event. While both parties opposed the views of this individual, they did not agree on whether the event would be effective in countering those views or rather would serve to promote them.

[10] Ms. Sa’d pleads that, following correspondence between them, CAHN agreed to minor revisions to a handful of passages in its article. However, she alleges that, while the revised article correlated more closely with some facts, the revisions did not materially change the misleading character of the article. She alleges that, in publishing the updated article, CAHN refused to expressly specify which revisions had been made.

[11] The Statement of Claim further pleads that, from time to time, CAHN publishes materials encouraging counter-protestors to attend events and obstruct what it describes as “fake journalists”. Ms. Sa’d alleges that she has been subjected to: (a) in-person harassment at rallies by counter-protesters employing such tactics; and (b) online sexism and racism, including by online personalities she names as John and Jane Doe.

[12] Based on these allegations, Ms. Sa’d invokes subsections 7(a) and (d) of the Trademarks Act, RSC 1985, c T-13 [TMA], and sections 36 and 52 of the Competition Act, RSC 1985, c C-34 [CA], and claims against the Defendants declaratory relief, injunctive relief, general damages of $50,000, aggravated and exemplary damages of $50,000, and costs. Details of these statutory provisions will be canvassed later in these Reasons. Ms. Sa’d filed her action as a simplified action under Rules 292 to 299.

Interestingly, this case is packaged as alleged violations of the Trademarks Act, and the Competition Act. There are a few possibilities why this was done:

(a) If filed in Ontario Superior Court, it’s very likely that an anti-SLAPP Motion would have been brought, and it would shut down the case.
(b) Successful anti-SLAPP Motions typically result in “full indemnity”, or 100% cost awards to Defendants. By contrast, Federal Court has much lower cost scales, and thus, is much less risky.
(c) Defamation lawsuits are typically restricted by a very short Statute of Limitations. Failure to follow may result in the case automatically being lost.

Filing in Federal Court may have ultimately have been a wise move (if she was going to sue at all), as it only led to $850 in costs.

CAHN Brings Motion To Strike Lawsuit

Unsurprisingly, CAHN brought a Motion to Strike the Statement of Claim. Several grounds were cited, but the overall theme was that the case was an abuse of the legal system.

The Notice of Motion accuses Sa’d of using litigation to silence CAHN from speaking on important topics. This strengthens the suspicion that it was filed here and not the Ontario Courts in order to avoid an anti-SLAPP Motion. It’s implied that they would have, it given the chance.

In their Affidavit, it was pointed out that this wasn’t the only such lawsuit that Sa’d had filed.

The Responding Motion Record accused CAHN of bringing the Motion as it was “low risk, high reward”. This is rather ironic, considering that the case was improperly filed in Federal Court to avoid the much more expensive Ontario anti-SLAPP laws.

Sa’d also requested — as an alternative — that the Court give permission to allow the Claim to be amended, or to provide particulars (specifics). Ultimately though, the suit was thrown out completely.

While the general tone of this lawsuit seems more tepid than any of Hategan’s, it’s just as frivolous. Both HateGate authors have filed baseless suits against people they viewed as having wronged them. It doesn’t exactly scream “objective” in their later work.

COURT DOCUMENTS:
(1) Sad T-1452-23 Statement Of Claim
(2) Sad T-1452-23 Notice Of Motion To Strike
(3) Sad T-1452-23 Ettienne Affidavit
(4) Sad T-1452-23 Motion Record To Strike
(5) Sad T-1452-23 Plaintiff Responding Motion Record To Strike
(6) https://www.canlii.org/en/ca/fct/doc/2023/2023fc1286/2023fc1286.html

One Reply to “HateGate, Part 2C: Settling The Score With The Canadian Anti-Hate Network”

Thank you. This is important reporting. Heather.

HateGate, Part 2C: Settling The Score With The Canadian Anti-Hate Network

Defamation Rebranded As Trademarks/Competition Act Violations

CAHN Brings Motion To Strike Lawsuit

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Defamation Rebranded As Trademarks/Competition Act Violations

CAHN Brings Motion To Strike Lawsuit

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