Former Ontario nurses known for anti-vaxx views appeal dismissal of $1M libel suit
CBC
Three former Ontario nurses whose social media posts spread vaccine misinformation and COVID-19 conspiracy theories have appealed the dismissal of a $1-million libel suit against two of their critics — a suit the lower court judge dismissed as "puzzling" and, on appeal, another court said had "a low chance of success."
Kristen Nagle, Kristal Pitter and Sarah Choujounian, who sit on the board of directors for Canadian Frontline Nurses, launched their libel lawsuit against the Canadian Nurses Association (CNA) and Comox, B.C.-based media outlet Together News Inc.(TNI) last January.
In their court filings, the plaintiffs alleged separate editorials published by the defendants critiquing their roles in organizing nationwide protests outside Canadian hospitals during the pandemic caused them "ridicule, hatred and contempt," and "injured in their feelings, their personal and professional character and reputation."
Last December, the lawsuit was dismissed as a SLAPP, or strategic lawsuit against public participation, a legal term used to describe gag proceedings meant to silence critics on matters of public interest.
Earlier this month, Justice Marie–Andrée Vermette, who called the plaintiffs' decision to sue "puzzling," ruled that, under Ontario's anti-SLAPP legislation, the three now owe the defendants combined legal costs of $315,000.
As Nagle, Pitter and Choujounian appeal, the defendants have called into question their ability to pay and have sought security for the cost of the proceeding from an Ontario Court of Appeal, legal documents show.
In a decision written earlier this month, Appeal Court Justice J.A. Favreau agreed the defendants had valid concerns, saying "the appeal has a low chance of success." The decision also notes that for TNI, "it will be nearly impossible for them to recover costs if they are successful."
Favreau ordered the plaintiffs to pay $15,000, saying "there is no evidence that this amount would preclude the plaintiffs from pursuing the appeal" while providing "a measure of protection to the TNI defendants."
"This case has been a real significant burden on my client," Paul Champ, the lawyer for TNI, told CBC News on Thursday. He believes the appeal by the CFN is a further attempt not only to silence his client, but also to ruin its finances.
"Practically every newspaper from across the country published really critical stories that were very similar to my client's and yet they chose to pick on my client," he said. "It's really unfortunate that courts can be weaponized in this way."
Alexander Boisseneau-Lehner, lawyer for the three former nurses, declined to speak with CBC News about the appeal.
"As the matter remains active before the courts, it would be inappropriate for us to comment at this time," he wrote in an email.
According to the provincial regulator, the College of Nurses of Ontario, none of the three is entitled to practise nursing after facing separate disciplinary hearings by a tribunal.