April 20, 2015
Michael Elder v Toronto Life Publishing Co. Ltd. 2015 ONSC
Justice Firestone states that “in defamation actions, an interlocutory injunction is approached with added caution, given that the granting of same restricts freedom of expression.”
After reviewing the criteria that Elder would have had to meet in order to be granted an interlocutory injunction in a claim of defamation, and the defences to be relied upon by the defendant, Firestone J. concludes:
…I find that the moving party has not met its onus on the record before me of establishing that the words complained of are unarguably defamatory, which would justify such a restriction on free speech in advance of trial.