Case Overview: Scott Cousens, a former mining executive, sued Vivian Krause, a writer, for defamation. Krause published statements alleging Cousens lied about a $23 million donation to the Fortius Sport & Health Centre.

Legal Arguments/Issues

• Anti-SLAPP Legislation: Krause applied to dismiss the defamation action under the Protection of Public Participation Act (PPPA), arguing the lawsuit was a Strategic Lawsuit Against Public Participation (SLAPP) intended to silence her.
• Threshold Burden: The court determined that Krause’s expressions related to a matter of public interest.
• Merits-Based Hurdle: The court assessed whether the defamation claim had substantial merit and if Krause had any valid defenses.
  • Substantial Merit: The court found grounds to believe the defamation claim had merit as the statements could lower Cousens’ reputation.
  • No Valid Defence: Krause presented defenses of justification, fair comment, and responsible communication.
    • Justification: Krause argued the statements were true based on financial evidence.
    • Fair Comment: Krause’s statements were opinions based on researched facts.
    • Responsible Communication: Not addressed due to other defenses being considered sufficient.
• Public Interest Hurdle: The court balanced the harm to Cousens against the public interest in protecting Krause’s expression and found the harm insufficient to outweigh the public interest.

Conclusion: The court allowed Krause’s application, dismissed Cousens’ action, and awarded costs to Krause.

Costs: The court awarded costs to Vivian Krause at Scale B.

Total Amount of Costs/Award: The document did not specify the exact monetary amount awarded.