Mawhinney v. Stewart
David Mawhinney
Law Firm / Organization
Mussio Goodman
Lawyer(s)

Karol Suprynowicz

Christopher Wilson
Law Firm / Organization
Mussio Goodman
Lawyer(s)

Karol Suprynowicz

David Pasin
Law Firm / Organization
Mussio Goodman
Lawyer(s)

Karol Suprynowicz

Wesley Mussio
Law Firm / Organization
Mussio Goodman
Lawyer(s)

Karol Suprynowicz

Phyllis Tang
Law Firm / Organization
Mussio Goodman
Lawyer(s)

Karol Suprynowicz

Angelo Isidorou
Law Firm / Organization
Mussio Goodman
Lawyer(s)

Karol Suprynowicz

Federico Fuoco
Law Firm / Organization
Mussio Goodman
Lawyer(s)

Karol Suprynowicz

Kennedy Stewart
Law Firm / Organization
Not Specified
  • Issue: Appeal of a full indemnity costs order under the Protection of Public Participation Act (PPPA).

    Key Points:

    • Defamation Case: The appellants, involved in a political association, sued former Vancouver Mayor Kennedy Stewart for defamation over a 2021 press release. The suit was dismissed under the PPPA in July 2022, as it was deemed a "SLAPP" (Strategic Lawsuit Against Public Participation).
    • Costs Order: The appellants were ordered to pay full indemnity costs (~$100,000), which they appealed, arguing the court misapplied the law and misunderstood the evidence. The court's costs ruling focused on discouraging SLAPP actions.
    • Court of Appeal's Ruling: The appeal was dismissed. The court upheld the full indemnity costs order, noting the trial judge correctly applied the law. The defamation suit had characteristics of a SLAPP, particularly limiting political expression, justifying the costs award.
  • Key Findings:
    • The lawsuit was more strategic than legitimate.
    • The appellants' litigation actions, including attempts to limit Stewart’s defense, were seen as improperly motivated.
  • Standard of Review: The Court of Appeal applied a highly deferential standard and found no error in the lower court's judgment.
  • Successful Party:
    Kennedy Stewart (respondent) was the successful party. The Court of Appeal dismissed the appellants' defamation claim and upheld the costs order.
  • Monetary Award/Costs:
    The appellants were ordered to pay full indemnity costs, estimated to exceed $100,000. No damages were awarded as the costs fully addressed the harm.
Court of Appeals for British Columbia
CA48998
Civil litigation
$ 100,000
Respondent