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Manuel v. Astakeesic

Background: The plaintiffs commenced the action based on defamatory statements made by the defendants online. They claimed these statements harmed their reputations as chief, councillors, and administrators of the Upper Nicola Band.

Legal Arguments/Issues:

  • The plaintiffs filed for an interim injunction to compel the defendants to remove and retract the defamatory statements from the internet.
  • The defendants resisted and applied to dismiss the plaintiffs' action under the Protection of Public Participation Act (PPPA), S.B.C. 2019, c. 3, arguing it was a strategic lawsuit against public participation (SLAPP).
  • In a prior judgment (2024 BCSC 991), the court denied the plaintiffs' injunction application and dismissed the action under section 4 of the PPPA.
  • The court addressed the issue of costs as per section 7 of the PPPA, which generally awards full indemnity costs to the successful applicant unless deemed inappropriate.

Costs Awarded: The court awarded full indemnity costs to the defendants due to the absence of submissions from the plaintiffs. This included costs for the application to dismiss the action, the plaintiffs' injunction application, and the proceedings. The specific total amount of costs was not detailed in the document but was to be assessed on a full indemnity basis.

Conclusion: Justice D.K. Hori concluded that the defendants were entitled to full indemnity costs as the default position under section 7(1) of the PPPA, due to the lack of compelling reasons to rule otherwise.

Daniel Manuel
Law Firm / Organization
Stewart & Springford LLP
Susan Manuel
Law Firm / Organization
Stewart & Springford LLP
Collette Sunday
Law Firm / Organization
Stewart & Springford LLP
Diana Boston
Law Firm / Organization
Stewart & Springford LLP
Kayla Boston
Law Firm / Organization
Stewart & Springford LLP
Fred Holmes
Law Firm / Organization
Stewart & Springford LLP
Dennis MacDonald
Law Firm / Organization
Stewart & Springford LLP
Brian Holmes
Law Firm / Organization
Stewart & Springford LLP
Craig Shintah
Law Firm / Organization
Stewart & Springford LLP
Kevin Ned
Law Firm / Organization
Stewart & Springford LLP
Eva Marie Tom
Law Firm / Organization
Stewart & Springford LLP
Ira Tom
Law Firm / Organization
Stewart & Springford LLP
Jeremy Tom
Law Firm / Organization
Stewart & Springford LLP
Zachary Astakeesic
Law Firm / Organization
Jensen Law
Lawyer(s)

Daniel McNamee

Yvonne Ned
Law Firm / Organization
Jensen Law
Lawyer(s)

Daniel McNamee

Supreme Court of British Columbia
S62200
Tort law
Not specified/Unspecified
Defendant