Jordan Peterson Quietly Drops Lawsuit Against Wilfrid Laurier University

The long anticipated anti-SLAPP Motion between Jordan Peterson and Wilfrid Laurier University (WLU) will never be heard. Shortly before it was scheduled to go ahead, the parties quietly settled the case. Or to be more accurate, Peterson dropped the lawsuit and agreed to pay partial costs.

In their Motion Record, submitted back in 2022, Laurier includes correspondence with Peterson over the scheduling of Cross-Examinations. The school attempted many times to set dates. However, it appears that he repeatedly gave them the run around.

Put simply, if a party wants to put evidence into the file, the other side is entitled to ask them questions. This is commonly referred to as “testing the evidence”. Peterson can put anything he wants into an Affidavit, as long as he’s willing to be questioned about it.

For background on the case, see here and here.

Now, he won’t be on the hook for full indemnity, or 100% of costs. This is typical when defamation suits are dismissed under section 137.1 of the Courts of Justice Act for Ontario, or the anti-SLAPP laws. Instead, he’ll only have to pay a portion of those.

To be clear, Peterson never won anything. He just negotiated a lower rate in return for abandoning this lawsuit. He dragged out the case for 5 1/2 years just to leverage reduced costs.

From the April 15th, 2024 Civil Endorsement of Justice Akazaki:

The case conference was brought before me as the judge assigned to hear the anti-SLAPP motion on April 18, 2024. Before I began the conference, counsel confirmed that there was no objection to my hearing the motion due to my participation, prior to my appointment, in an on-campus debate organized by University of Toronto students touching on the plaintiff’s ideas. I have, separately, determined there are no grounds for recusal.

The grounds for the motion for adjournment was the need to join the two related actions. Subsection 137.1(5) does not provide for judicial discretion based on other steps that could be taken, because it specifically prohibits further steps. Once an anti-SLAPP motion has been brought, the plaintiff cannot even discontinue the action: Canadian Thermo Windows Inc. v. Seangio, 2021 ONSC 6555, at para. 35. Since the grounds for seeking the adjournment entail prohibited procedural steps, I saw no reason to grant the adjournment.

I discussed with counsel the nature of the second statement of claim as being less of a libel claim than a pleading of aggravation of the cause of action set out in the first statement of claim. Counsel for the University stated that she had no instructions to bring an anti-SLAPP motion in the first claim. Counsel appeared willing to discuss a resolution of the motion, possibly subject to argument regarding costs under subsections (7) and (8).

In the event the motion is resolved or the issues change as a result of that discussion, counsel should contact my judicial assistant to inform me same.

Few people know (or will remember) that Peterson actually sued Laurier twice. The first time was after the Shepherd audio got leaked. The second was when Laurier publicly responded to the first lawsuit. The whole thing smacks of lawfare.

At the first case conference, Peterson tried to join the 2 suit. But since invoking anti-SLAPP in the second lawsuit stays that proceeding, procedurally, this isn’t allowed to happen.

Apparently, the original lawsuit is still open. This is the one which Laurier filed a 3rd Party Claim against Lindsay Shepherd, arguing that she’s responsible for damages Peterson may have suffered.

From April 18th, 2024 AMENDED Civil Endorsement of Justice Akazaki:

On consent, this court hereby orders:

1. The motion is granted, and this action is dismissed.
2. The plaintiff shall pay the defendant’s costs of the motion and of the action on a partial indemnity basis, in an amount to be agreed by the parties or to be assessed.
3. If the costs are to be assessed, the assessment may be commenced by either party in accordance with rule 58.
4. The costs amount shall be payable within 30 days of the parties’ agreement on value or the date of assessment, as the case may be.

So, that appears to be the end of it. Peterson won’t have to face the consequences of his lawsuit, and Laurier will get (at least some) costs back. The original lawsuit, while still open, seems dead in the water. There’s no way to advance it without facing another anti-SLAPP Motion.

Considering that both defamation lawsuits were filed in 2018, this comes across as a weak way to end it. Peterson has been — for years — dodging attempts to move the anti-SLAPP Motion forward. Now, just before the hearing, he jumps ship.

Oddly, Peterson isn’t as media happy about it now as he was then.

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