Case Overview

• Plaintiffs: A group of individuals and entities, including Edward Cornell and Jonker Trucking Inc.
• Defendants: Government officials (e.g., Justin Trudeau, Chrystia Freeland), law enforcement agencies, financial institutions, and the Canadian Anti-Hate Network (CAHN).

Key Points

• The case involved a motion under s. 137.1 of the Courts of Justice Act, an anti-SLAPP (Strategic Lawsuit Against Public Participation) provision aimed at dismissing meritless claims that hinder free expression.
• The Canadian Anti-Hate Network (CAHN) and Bernie Farber successfully had the case against them dismissed in a prior ruling (Cornell v. Trudeau, 2024 ONSC 5343).
• This decision specifically addresses costs related to that motion.

Costs Awarded

• CAHN Defendants Requested: $49,319.13 (full indemnity).
• Plaintiffs’ Position: Requested a lower amount, arguing that a fair cost award should be $10,000.
• Court’s Ruling:
  • Full indemnity costs of $49,319.13 were awarded to CAHN.
  • The court upheld the presumption of full indemnity costs under s. 137.1(7), meant to deter SLAPP lawsuits.
  • The plaintiffs did not provide valid reasons to depart from this standard.
  • The case was described as "massive", involving multiple high-profile defendants, which justified the legal costs incurred.
  • The CAHN defendants had offered to settle for $10,000, which the plaintiffs rejected.

Legal Reasoning

• The court reaffirmed that under s. 137.1(7), costs are presumed to be on a full indemnity basis unless special circumstances justify otherwise.
• No exceptional circumstances were found to justify a reduction.
• The requested amount was deemed reasonable and proportionate given the complexity and importance of the case.

Final Order

• The plaintiffs must pay $49,319.13 to the CAHN defendants within 30 days?.