Ontario judge dismisses ‘puzzling’ $1M libel action by anti-vaxx nurses | 24CA News

An Ontario decide has dismissed a $1-million libel motion by three nurses who confronted disciplinary motion for his or her anti-vaccine views in the course of the pandemic, calling the plantiffs’ resolution to sue “puzzling” and “surprising.” 

Kristen Nagle of London, Ont., Kristal Pitter of Tillsonburg, Ont., Sarah Choujounian of Toronto and the Canadian Frontline Nurses filed their court docket motion below the province’s anti-SLAPP laws in December 2021, alleging the Canadian Nurses Association (CNA) and impartial B.C. news outlet Together News Inc. (TNI) prompted hurt to their private {and professional} reputations with separate on-line articles printed within the fall of 2021.

SLAPP, which stands for strategic lawsuit towards public participation, is a authorized manoeuvre historically utilized by the wealthy and highly effective to intimidate, silence and/or bankrupt opponents. Ontario launched laws in 2015 designed to guard towards such gag proceedings from utilizing the courts to silence expression on issues of public curiosity. 

The CNA’s remark could be learn right here. TNI’s article could be learn right here.

In her 29-page resolution issued Dec. 23, Superior Court Justice Marie-Andrée Vermette sided with the defendants, saying the plaintiffs “failed to establish they have suffered sufficiently serious harm” and “failed to show a causal link between the harm they allege and the publications in issue.”

Vermette cited the anti-SLAPP laws, saying there have been “significantly more important sources of harm” to the nurses’ reputations that had been “unrelated” to the publications, together with: 

• Professional misconduct investigations of all three nurses by the province’s nursing regulator, the College of Nurses of Ontario (CNO).
• The truth all three nurses had been terminated from their respective jobs with trigger.
• Numerous media studies in regards to the the nurses, together with articles by what the court docket referred to as “high-profile media organizations.”

Vermette additionally referred to as into query the plaintiffs’ resolution to sue within the first place, calling it “puzzling,” provided that comparable data appeared in “numerous” different articles printed in Canada.

She additionally stated the choice to particularly sue TNI, “a small and regional media organization,” was “particularly surprising” as a result of the plaintiffs “chose to ignore similar expressions made by media giants.” 

‘No remark’ from plaintiffs’ lawyer

The CBC was particularly cited within the resolution by Vermette, who famous Nagle “stated that CBC ruined her career and destroyed her life. The plaintiffs have not sued CBC for libel.” 

24CA News tried to make clear the assertion made by Nagle, who didn’t reply to a request for remark Wednesday. 

We had been stunned they determined to select on a small media outlet on Vancouver Island. I believe they underestimated us and to their detriment.– Will Horter, editor of the VanIsle news community

Alexander Boissonneau-Lehner, the lawyer for the plaintiffs, responded “no comment” in an electronic mail when reached by 24CA News on Tuesday. 

The court docket’s resolution to dismiss the lawsuit below anti-SLAPP laws is the newest judgment towards anti-vaccine and anti-science teams trying to make use of the courts to silence and intimidate critics. 

Until the COVID-19 pandemic, SLAPP fits had been the standard tactic of the wealthy and highly effective to bully critics into silence, however the authorized tactic has been more and more used recently by these spreading well being misinformation in an try to hush critics. 

Defendant calls motion a ‘basic SLAPP go well with’

“This was a classic SLAPP suit in the sense they were just trying to shut us up,” Will Horter, editor of the VanIsle news community, which is owned by TNI, advised 24CA News on Tuesday. 

“We were surprised they decided to pick on a small media outlet on Vancouver Island,” he stated. “I think they underestimated us and to their detriment.

“We’re glad the decide made the choice she did,” Horter said. “I believe it is an necessary victory for reality in Canada in an age of disinformation.”

“CNA could be very happy that the court docket discovered that the general public curiosity in defending the CNA’s assertion,” Lucas Veiga, the public affairs lead for the CNA, wrote via text message Wednesday. 

“CNA takes its position advocating for the nursing occupation and the health-care system and the well being of these dwelling in Canada significantly.”

Now that the decide has dismissed the lawsuit, all three events should agree on prices.

Under Ontario’s anti-SLAPP laws, defendants are entitled to full prices of the litigation except a decide determines in any other case. 

Vermette wrote in her resolution that she would hear arguments to find out damages in January ought to the events not be capable of agree on prices.