Primerica Inc v Moukhaiber
Primerica Inc.
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
Lawyer(s)

Tommy Gelbman

Primerica Life Insurance Company
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
Lawyer(s)

Tommy Gelbman

Primerica Financial Services LLC
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
Lawyer(s)

Tommy Gelbman

PFSL Investments Canada Ltd.
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
Lawyer(s)

Tommy Gelbman

Primerica Life Insurance Company of Canada
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
Lawyer(s)

Tommy Gelbman

Marco Moukhaiber
Law Firm / Organization
Nanda & Company
Lawyer(s)

Avnish Nanda

Key Points:

  • Primerica obtained an interim injunction against Marco Moukhaiber, a consumer advocate critical of multi-level marketing (MLM) operations, including Primerica.
  • Moukhaiber was ordered to remove specific posts and refrain from posting defamatory content about Primerica and related parties.

Court Findings:

  • Defamatory Postings: Primerica claimed Moukhaiber's posts implied criminal behavior and harassment. The judge found that references to "paid assassins" were comedic hyperbole and not defamatory.
  • Cult Characterization: References to MLM companies as "cults" were not deemed defamatory based on common definitions and context.
  • Order Interpretation: Paragraph 5(e) of the order barred Moukhaiber from publishing any material about the proceedings or participants, but this did not include Primerica itself. Non-defamatory comments about Primerica were not prohibited.
  • General References: Non-defamatory references and veiled comments about Primerica were not breaches of the injunction.
  • Proceedings References: Indirect references to the litigation by Moukhaiber were not found prejudicial to Primerica.
  • Other Breaches: Conflicting evidence on post removals led the court to decline finding contempt on these grounds.

Outcome:

  • Primerica’s applications for contempt and removal of posts were dismissed.
  • The decision on costs was deferred until after the review of the initial injunction order.
  • No monetary award specified.
Court of King's Bench of Alberta
2303 13143
Civil litigation
Defendant