DeLuca v. Foodbenders
SHAI DELUCA
Law Firm / Organization
RE-LAW LLP
2404749 ONTARIO LIMITED operating as FOODBENDERS
Law Firm / Organization
Not Specified
Lawyer(s)

Stephen Ellis

KIMBERLY HAWKINS
Law Firm / Organization
Not Specified
Lawyer(s)

Stephen Ellis

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.

Superior Court of Justice - Ontario
CV-20-00643746-0000
Tort law
$ 85,000
Plaintiff