Domenica Gusciglio's mother resided at Villa Colombo Senior’s Centre, managed by Universalcare, until her death in 2020.
Gusciglio claimed to witness elder abuse and neglect at the facility and reported this to the Ministry of Health and Long-Term Care, leading to orders against Villa Colombo.
Unsatisfied with the response, Gusciglio tweeted about her experiences, leading to a defamation lawsuit by Universalcare.
Gusciglio filed a motion to dismiss the lawsuit as a strategic lawsuit against public participation (SLAPP), citing Ontario’s anti-SLAPP legislation.
Legal Findings:
The court applied a two-part test to determine if the lawsuit should be dismissed under anti-SLAPP legislation: whether the defendant’s expression relates to a public interest matter, and if the plaintiff's potential harm from the expression is outweighed by the public interest in protecting the expression.
It was determined that Gusciglio’s tweets, focusing on elder care and long-term care facilities, relate to a matter of public interest.
The court found insufficient evidence of serious harm to the plaintiffs that would outweigh the public interest in protecting Gusciglio’s expression.
Outcome:
The action was dismissed, aligning with the intent of anti-SLAPP legislation to protect public participation and expression on matters of public interest.
Gusciglio was awarded full indemnity costs for the motion to dismiss and substantial indemnity for the entire action, totaling $100,000.
