Background:
Dr. Ray Wiss, a physician in British Columbia, sued Dr. Zenab Khan and her daughter, Sherry Khan, for defamation. He alleged that Sherry Khan posted TikTok videos falsely accusing him of racism, sexual misconduct, and professional incompetence, based on private statements made by Dr. Khan. The posts received over 300,000 views and led to negative Google reviews and threats. Dr. Wiss sought summary judgment under Rule 9-6 of the Supreme Court Civil Rules to establish liability.

Legal Issues:
The court considered:

• Whether unresolved material facts precluded summary judgment.

• Whether Dr. Wiss established the three elements of defamation: (1) defamatory statements, (2) reference to the plaintiff, and (3) publication.

• Whether the defendants raised valid defenses, including truth (justification), fair comment, and qualified privilege.

Court's Analysis & Decision:
The court found that the TikTok posts were defamatory and met the required legal elements. However, it held that factual disputes—especially regarding Dr. Khan’s role, intent, and credibility, as well as Sherry Khan’s potential malice—required a full trial. The court dismissed the summary judgment application but left the issue of costs to be determined at trial.

Outcome & Costs:
The application for summary judgment was denied. The court reserved costs to be decided by the trial judge.