Overview

Jayden Issa sued BMB Inc., Elite Entertainment, and Ashley Selina, alleging defamation. Issa claimed Selina/Elite circulated false content through a "private blacklist," causing them to refuse him service. Selina argued she only received, but did not publish, the content.

Procedural History

• Issa filed his defamation action on February 14, 2023.
• Despite Selina’s counsel requesting notice, Issa noted her in default. Selina sought to set aside this default and moved for summary dismissal.
• On July 10, 2023, the judge set aside the default and dismissed Issa’s claim.

Appeal Outcome

Justice Marion allowed Issa’s appeal of the summary dismissal, finding that Selina/Elite did not conclusively prove they never circulated the defamatory content. Selina’s affidavits had ambiguities about whether the content was shared with third parties after receiving it. The appeal to set aside the default was dismissed since Selina promptly moved to defend once aware.

Key Takeaways

• The court found genuine issues requiring trial, especially on whether Selina/Elite published the content beyond Issa.
• The interim injunction was adjourned for future consideration.
• The case was remanded for trial with no costs awarded due to mixed outcomes.

This ruling highlights the need for clear evidence in summary dismissal motions, particularly in defamation cases involving alleged content dissemination.