Background:
Oumer Kinnarath, an activist, sued Monique Choiselat, Yogi Henderson, and the People's Party of Canada (PPC) for defamatory statements made on social media following the cancellation of a PPC event in July 2019. Choiselat called Kinnarath a “terrorist” and shared his personal details online.
Legal Issues:
- Defamation: The court found Choiselat’s statements were defamatory, as they harmed Kinnarath’s reputation.
- Fair Comment Defense: Choiselat argued her statements were fair comment on a matter of public interest, but the court rejected this defense, finding her statements to be malicious and unsubstantiated.
- Vicarious Liability: Kinnarath sought to hold the PPC responsible for Choiselat’s actions, but the court ruled that the PPC was not liable since her statements were unauthorized.
- New Tort of “Doxxing”: The court declined to recognize a new tort of doxxing, stating privacy laws already addressed such concerns.
- Damages: The court awarded Kinnarath $5,000 in general damages and $5,000 in aggravated damages against Choiselat.
Costs and Awards:
- In Favor of Kinnarath: $10,000 total against Choiselat.
- In Favor of PPC and Henderson: Costs awarded against Kinnarath, as his claims against them were dismissed.
- Further Damages Hearing: To be scheduled for default judgments against Derek Storie and Todd McDougall.
