Kielburger v. Canadaland Inc.
THERESA KIELBURGER
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Law Firm / Organization
Lenczner Slaght LLP
CANADALAND INC.
Law Firm / Organization
ORP Law
Lawyer(s)

Brendan J. Hughes

JESSE BROWN
Law Firm / Organization
ORP Law
Lawyer(s)

Brendan J. Hughes

OLUSOLA ADEOGUN
Law Firm / Organization
ORP Law
Lawyer(s)

Brendan J. Hughes

ISABEL VINCENT
Law Firm / Organization
Linden & Associates
Lawyer(s)

Iain MacKinnon

MARK SLUTSKY
Law Firm / Organization
ORP Law
Lawyer(s)

Brendan J. Hughes

JAREN KERR
Law Firm / Organization
ORP Law
Lawyer(s)

Brendan J. Hughes

JONATHAN GOLDSBIE
Law Firm / Organization
ORP Law
Lawyer(s)

Brendan J. Hughes

KIERAN OUDSHOORN
Law Firm / Organization
ORP Law
Lawyer(s)

Brendan J. Hughes

  • Background:

    • The case involves an anti-SLAPP motion filed by Isabel Vincent, which was granted, dismissing the action against her. The motion by Canadaland and other defendants was dismissed.
  • Costs:

    • Isabel Vincent:

      • Sought full costs of $92,049.69.
      • Awarded $90,000 by the court, based on section 137.1(7) of the Courts of Justice Act (CJA), as the case was dismissed against her.
    • Plaintiff vs. Canadaland:

      • The Plaintiff sought substantial indemnity costs of $110,630.82 from Canadaland.
      • Court awarded $110,000 to the Plaintiff, citing Canadaland's brazen defense and continued disregard for the Plaintiff's disproved allegations.
  • Reasoning:

    • The court found no reason to deviate from awarding full costs to Vincent.
    • Vincent's legal expenses were due to her involvement in a conflict she should have avoided, despite her careful approach during the podcast.
    • The Plaintiff was entitled to costs from Canadaland due to their aggressive and dismissive stance, both historically and during the proceedings.
  • Successful Party:

    • Isabel Vincent: Her anti-SLAPP motion was successful, leading to the dismissal of the action against her.
    • Theresa Kielburger: Successful in her cost claim against Canadaland Inc. for their unsuccessful anti-SLAPP motion.
  • Disposition:

    • Kielburger to pay Vincent $90,000.
    • Canadaland to pay Kielburger $110,000.

Legal References:

  • Section 137.1(7) CJA: Entitles the moving party to costs if the proceeding is dismissed.
  • Section 137.1(8) CJA: Allows discretion for costs if the proceeding is not dismissed.
Superior Court of Justice - Ontario
CV-21-00671189-0000
Civil litigation
$ 200,000