In this case, a member of the Ontario Trial Lawyers Association (“OTLA”) sent a message to other OTLA members that made allegedly defamatory comments about a doctor retained by an insurer in a claim brought pursuant to the Statutory Accidents Benefits Schedule. The motion judge dismissed the doctor’s claim against the lawyer on the basis that there was credible and compelling evidence to support the lawyer’s justification defence. On appeal, the Ontario Court of Appeal reversed and held that the doctor’s case could proceed.
