Plaintiff
Defendant
Background:
Sandher Fruit Packers Ltd. is a family-owned fruit packing business in the Okanagan. The defendant, Daryl Grant MacAskill, maintained a blog titled "Gangsterism Out" where, beginning in March 2024, he posted allegedly false and malicious statements about the plaintiffs. These included accusations of links to organized crime, terrorist groups, environmental violations, and criminal activities. The defendant also sent emails containing similar allegations to third parties, including the plaintiffs' business partners. The plaintiffs denied the accusations, except for acknowledging past penalties for wastewater management violations.
Legal Issues:
The plaintiffs sought an injunction to prevent further publication of these statements, citing irreparable harm to their reputation and safety. They argued that MacAskill’s publications amounted to defamation and harassment. MacAskill countered with an application under the Protection of Public Participation Act (PPPA) for dismissal of the plaintiffs’ claims, arguing his statements were protected speech.
Court’s Findings:
Justice Branch determined that the defamatory statements warranted an injunction, applying a heightened standard from Yu v. 16 Pet Food & Supplies Inc., 2023 BCCA 397. However, the court found that the harassment claims did not meet the threshold for recognition in British Columbia.
Outcome:
The court granted an injunction against MacAskill to prevent further defamatory publications but denied relief based on harassment claims. No specific monetary award was mentioned.
Court
Supreme Court of British ColumbiaCase Number
S254570Practice Area
Tort lawAmount
Winner
PlaintiffTrial Start Date
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