December 22, 2016
Awan v Levant 2016 ONCA 970
The ONCA did overturn the trial judge’s finding that Mr. Levant’s reference to Awan being anti-Semitic was defamatory because it was a statement of fact, not comment, and was not proven to be true at trial. The C.A. said that statement was defensible as fair comment. However, they also upheld the trial judge’s finding of malice, and therefore the defence was defeated. Otherwise, the trial judge’s findings were largely upheld.