2019 January 30

Labourer’s International Union of North America, Local 183 v. Castellano, 2019 ONSC 506, scope of injunction varied: 2020 ONCA 71 (2020 February 3)

The Ontario Superior Court of Justice granted summary judgment to the plaintiffs and ordered a permanent injunction requiring the defendant to “take all necessary steps to remove all audio and video recordings, and written statements, of or about any and all of the plaintiffs, from the internet or any other location in which they are accessible to the public, and to destroy all such audio and video recordings.”    The Court found that the defendant had made “approximately 110 postings of nearly 60 videos under at least eight different aliases to at least three popular internet platforms [YouTube, Facebook and Twitter]”  and had posted defamatory Google reviews.  The defences of fair comment or qualified privilege did not apply.   The court held, in any event, that the defendant “was motivated by malice”.  The defendant was ordered to pay $75,000 in costs.