Executive Summary: Key Legal and Evidentiary Issues

• Plaintiff sought general damages and a permanent injunction following a series of defamatory online posts.

• Defendant failed to file a statement of defense or appear in court, resulting in a default judgment.

• Facebook posts describing the plaintiff as racist and drug-dealing were found to lower its reputation and met all criteria for defamation.

• The court applied Rule 17(17)(a) to summarily assess damages by affidavit due to the defendant’s default.

• Damages were presumed given the plaintiff’s status as a non-profit, and aggravated damages were not available.

• A permanent injunction was issued due to the defendant’s ongoing conduct and disregard for court orders.

Facts and outcome of the case

The plaintiff, Connective Support Society, is a community-based non-profit organization operating the Whitehorse Emergency Shelter and providing services to vulnerable individuals in Yukon. The defendant, Yonis Melew, was a former employee of the plaintiff whose employment ended on July 17, 2023. Beginning in August 2023, Melew began posting on a Facebook page he created, making serious allegations against Connective, including that it was racist, “Black-hating,” phony, and involved in drug dealing. These statements were made repeatedly over several months and remained publicly accessible.

Despite being served and notified, the defendant did not respond to the legal proceedings, failed to appear in court, and did not file a statement of defense. The plaintiff filed a defamation claim on March 19, 2024, and later secured a default judgment on August 1, 2024. The case proceeded by summary assessment of damages under Rule 17(17)(a), allowing the court to rely on affidavits due to the absence of the defendant and the straightforward evidentiary nature of the claim.

The court found that the Facebook posts were clearly defamatory, naming the plaintiff and publishing false claims likely to harm its reputation. Although Connective employees did distribute prescription medication to clients, the defamatory context implied illegal drug activity. The court concluded the posts would significantly damage the plaintiff’s public trust and ability to carry out its mission as a non-profit, which relies on community goodwill and support.

In assessing general damages, the court awarded $50,000, noting the seriousness and frequency of the defamatory statements, the defendant’s refusal to apologize or remove the posts, and his ongoing violations of a prior interlocutory injunction. The plaintiff was also awarded $5,000 in costs, along with pre- and post-judgment interest. A permanent injunction was granted to prevent any future publication of defamatory statements by the defendant or anyone acting on his behalf.

In conclusion, Connective Support Society prevailed on all claims. The court recognized both the reputational harm caused and the high likelihood of continued defamatory conduct if the injunction were not made permanent.