Plaintiff
Defendant
Facts: Shai DeLuca, an interior designer and former Israeli Defence Forces soldier, sued Foodbenders and its owner, Kimberly Hawkins, for defamation. Hawkins used Foodbenders’ Instagram to express political views, including a post with “#zionistsnotwelcome,” which led to a public controversy and alleged defamatory statements against DeLuca.
Issues: The court needed to determine whether the Instagram posts were defamatory, if they constituted fair comment, and the appropriate damages for defamation.
Court's Ruling: The court found that the posts were defamatory, did not constitute fair comment, and awarded damages to DeLuca. It was determined that the posts, which accused DeLuca of being a terrorist and attacking Palestinian supporters, were defamatory and had caused him reputational harm.
Costs/Damages: DeLuca was awarded $75,000 in general and aggravated damages and $10,000 in punitive damages. A permanent injunction was also granted against the defendants to prevent further defamatory statements.
Court
Superior Court of Justice - OntarioCase Number
CV-20-00643746-0000Practice Area
Tort lawAmount
$ 85,000Winner
PlaintiffTrial Start Date
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