Issue: Plaintiffs, MHCare Medical Corp. & Sam Mraiche, sought an interlocutory injunction preventing Defendants, Nathan Pike & Breakdown Media, from publishing content about them amid an ongoing defamation lawsuit.
Court’s Findings
- Injunction Denied:
- Injunctions restraining speech in defamation cases are granted only in exceptional circumstances.
- Defendants expressed intent to justify their statements under justification, fair comment, and responsible communication in the public interest.
- Plaintiffs failed to establish that these defences would “inevitably fail”, as government investigations into procurement issues were ongoing.
- Defamation Allegations:
- Claims regarding MHCare’s acetaminophen imports and alleged improper government contracting were deemed potentially defamatory, but Defendants’ defences required trial assessment.
- Publication of Private Information:
- Contractor’s home address was publicly available but voluntarily removed by Pike.
- Family members’ employment and political donations were lawfully published and did not constitute harassment.
- Social Media Responsibility:
- Pike must monitor and remove threatening third-party comments.
- Next Steps:
- Parties must submit cost arguments within 30 days if unresolved.
- Defendants’ cross-application on document disclosure must follow standard court processes.
- No damages or costs were awarded in the decision.
