Moen v Mackay
Kandace Moen
Law Firm / Organization
The Barrister Group
Lawyer(s)

Henry Oltman

Marnie Wandler
Law Firm / Organization
The Barrister Group
Lawyer(s)

Henry Oltman

Anita Lepard
Law Firm / Organization
The Barrister Group
Lawyer(s)

Henry Oltman

Anastasia Graham
Law Firm / Organization
The Barrister Group
Lawyer(s)

Henry Oltman

Brenna Dolan
Law Firm / Organization
The Barrister Group
Lawyer(s)

Henry Oltman

Laura Mackay
Law Firm / Organization
Unrepresented
Hanna’s Haven Animal Rescue Inc.
Law Firm / Organization
Unrepresented

Case Background:
The plaintiffs, Kandace Moen, Marnie Wandler, Anita Lepard, Anastasia Graham, and Brenna Dolan, sought damages for defamatory Facebook posts by the defendants, Laura Mackay and Hanna’s Haven Animal Rescue Inc., where Mackay served as a director. The posts accused the plaintiffs of theft, manipulation, and withholding access to organizational accounts. The defendants were noted in default.

Legal Issues:

  1. Whether the matter could proceed despite lack of personal service on Laura Mackay.
  2. Whether Hanna’s Haven was vicariously liable for Mackay’s statements.
  3. Whether the statements constituted defamation.
  4. The appropriate amount of damages, including general, aggravated, punitive, and special damages.
  5. Whether an injunction against further defamatory statements was justified.

Court Findings:
The court ruled that Mackay had sufficient notice of the application, and Hanna’s Haven was directly liable for its Facebook posts. The statements were defamatory, but there was no evidence supporting aggravated or punitive damages. Special damages claimed by Brenna Dolan were denied due to insufficient evidence. The court declined to grant an injunction, citing no evidence of ongoing defamation after April 27, 2023, or irreparable harm.

Damages Awarded:
General damages were awarded as follows:

  • Kandace Moen: $7,500
  • Each of the other plaintiffs: $5,000

Costs and Interest:
The plaintiffs were awarded pre-judgment interest from December 7, 2023, under The Pre-Judgment Interest Act, and one set of taxable costs assessed under Column 2 of the rules. Total costs were not specified.

Court of King's Bench for Saskatchewan
KBG-SA-01429-2023
Tort law
$ 27,500
Plaintiff