Gianni Evangelisti, a contractor via Freedom Pools Inc., filed an injunction against CBC to prevent publication about him and his business, following multiple lawsuits from dissatisfied customers and suppliers.
CBC planned a news story on these disputes, prompting Evangelisti's legal action for an injunction and damages, citing "oppression and malice conduct."
The court dismissed Evangelisti’s application, emphasizing the high threshold for injunctions in defamation cases and the importance of freedom of expression.
Key Points:
Injunctions in defamation matters require evidence that the speech would be manifestly defamatory and the defence of justification or fair comment would likely fail; conditions not met in this case.
CBC’s potential defences, including justification, absolute privilege, qualified privilege, and responsible communication, appeared strong.
The court deemed damages a sufficient remedy, negating the need for an injunction.
The court awarded costs against Evangelisti fixed at $10,445, noting the attempt to hinder journalists and improperly naming individuals as respondents as factors.
