Blog

OTTAWA – The Canadian Constitution Foundation (CCF) appears before the Supreme Court of Canada today in a case that will consider the rights of Canadians to post online reviews without facing strategic lawsuits against public participation (SLAPPs) designed to silence criticism.

The hearing will be available to view live via webcast at 9:30 a.m. ET here.

The case, Cynthia Prescott, et al. v. Benchwood Builders Inc., et al., arises from a dispute between Ontario homeowners and a company hired to renovate their home. After the homeowners posted critical comments online about their experience with the company, they were sued for defamation and a court order was sought to prevent them from making further online statements.

Ontario’s anti-SLAPP laws are intended to protect freedom of expression by allowing courts to dismiss lawsuits that are aimed at silencing critical discourse. Under those protections, a lower court dismissed the renovation company’s claims against the homeowners. The Ontario Court of Appeal overturned that decision, ruling that consumer reviews posted online are not necessarily matters of “public interest” under section 137.1 of the Courts of Justice Act.

The Supreme Court is now being asked to clarify how anti-SLAPP protections apply to online speech and whether consumer reviews deserve protection as expression in the public interest.

The CCF will make two arguments. First, the CCF will argue that the Court of Appeal should consider the context of social media used in the marketplace as part of the “public interest” assessment. Second, the Court should consider the power imbalance between homeowners and contractors who can put a lien on a home if the homeowner writes good faith reviews of bad services.

Christine Van Geyn, Interim Executive Director for the CCF, said the case will have implications far beyond a single dispute between homeowners and a contractor.

“Canadians should not have to fear financial ruin for posting honest reviews online,” said Van Geyn. “If comments like these can be grounds for expensive lawsuits, many people will remain silent rather than risk the consequences. In a free society, people must be able to speak openly about the services they receive without being intimidated.”

Josh Dehaas, Interim Litigation Director for the CCF, noted that much of our public square exists online, and social media is the primary place consumers share information and warn each other about negative experiences.

“Dismissing this kind of expression as a mere private dispute fails to reflect how people actually communicate in the digital age and risks leaving important speech unprotected,” Dehaas said.

The CCF is represented in this intervention by Morgan L. Camley K.C., Meredith Bacal and Jasmine Der of Dentons Canada LLP.