Background:

• Agin Williams, an aerospace mechanic, was laid off by VAC after experiencing racially motivated threats at work (including a noose drawing).
• Williams claimed his layoff was retaliatory because he insisted VAC involve the police in investigating these threats.
• He later sued VAC for wrongful dismissal and violations of the Human Rights Code and Occupational Health and Safety Act.
• In response, VAC filed a counterclaim for defamation, seeking $1.5 million in damages.

September 21, 2023:

• Williams filed an anti-SLAPP motion under s. 137.1 of the Courts of Justice Act to dismiss VAC’s counterclaim.
• The motion judge sided with Williams, concluding VAC's defamation claim lacked substantial merit and could not demonstrate sufficient harm to outweigh the public interest in protecting Williams' expression.
• The court ruled that VAC’s counterclaim appeared to be an attempt to silence Williams.

Decision on September 26, 2024:

• VAC appealed the dismissal, arguing the motion judge made errors in evaluating the merits and public interest balancing test.
• The Court of Appeal upheld the original decision, agreeing that VAC failed to establish substantial harm resulting from Williams' statements.
• VAC’s counterclaim was dismissed, with the court emphasizing the importance of protecting free expression on matters of public interest, particularly involving allegations of racial discrimination.

November 7, 2024:

• Williams was awarded costs totaling $26,900 for the appeal ($23,900) and responding to a motion for fresh evidence ($3,000).
• Additionally, VAC was ordered to pay $3,000 in costs to Williams' lawyer, Mr. Lakhani, for intervening in the fresh evidence motion.

Outcome:

• Williams successfully defended against VAC’s counterclaim and was awarded partial indemnity costs, reinforcing the protection of free speech, especially when related to alleged workplace discrimination.