In Cynthia Prescott, et al. v. Benchwood Builders Inc., et al., the Supreme Court of Canada will consider whether homeowners can be sued for defamation over negative online reviews about a contractor.
After two Ontario homeowners posted critical reviews of a renovation company, the company sued them and sought an order barring further public comments. Although a lower court dismissed the lawsuit as a a strategic lawsuit against public participation (SLAAP) under section 137.1 of the Courts of Justice Act, the Ontario Court of Appeal allowed the case to proceed, finding that online reviews are not automatically matters of public interest. The Supreme Court will now consider how to balance freedom of expression and protection of reputation in the context of online speech.
The CCF intervened in a May 2026 hearing to argue that courts should consider the role of online platforms in modern public discourse when assessing “public interest,” and should also account for the power imbalance between homeowners and contractors, who can place liens on homes while homeowners may face lawsuits for posting good-faith reviews.
Online Reviews as Free Expression (Benchwood Builders v Prescott)
CCF Launch: April 24, 2026
Jurisdiction: Ontario
Status: Ongoing
Next Key Date: Awaiting decision
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