MAXIME BERNIER ORDERED TO PAY KINSELLA, DAISY GROUP LEGAL COSTS

Ontario Superior Court of Justice hammers People's Party leader with decision. 

TORONTO, March 14, 2022 /CNW/ - In another stunning rebuke of Maxime Bernier, the Ontario Superior Court today released a decision ordering the People Party's leader to pay almost all of the legal fees incurred by Daisy Group and its President, Warren Kinsella, in the defamation action Bernier brought against them. 

Represented by veteran lawyer David Shiller, Kinsella and Daisy Group argued Bernier's lawsuit was a SLAPP – a Strategic Lawsuit Against Public Participation. The Court agreed. 

Bernier's lawsuit was thrown out by the Regional Senior Superior Court judge in November. In its landmark ruling, Justice Calum MacLeod wrote: "The evidence shows widespread characterization of Mr. Bernier and the PPC as racist and xenophobic or at least as pandering to those elements…there can be little doubt that there were many comments, incidents and media reports that could fairly lead to the characterization of Mr. Bernier and the nascent PPC as ether far right, anti-immigrant and racist." 

After Bernier's lawsuit was dismissed, Kinsella and Daisy Group sought repayment of approximately $137,000 in legal costs they incurred to defend themselves. Today, the Superior Court awarded them approximately $132,000 – just $5,000 less. 

Ruled MacLeod: "In the case at bar, not only did Mr. Bernier seek to punish Mr. Kinsella for attacking him and the People's Party of Canada, but he also pursued the litigation for an extraneous purpose." 

He added: "Given the collateral purpose for pursuing this litigation, the inability to prove harm caused by Mr. Kinsella's contributions to criticism of Mr. Bernier, and the fact that I found the lawsuit to meet the definition of SLAPP litigation, this is not a case in which the presumption is inappropriate. The defendants are entitled to full indemnity for their costs." 

"Full indemnity costs" are typically considered 100 per cent of legal fees and costs. They are usually only awarded in situations where the Court wishes to express disapproval of the way in which the losing party and his lawyers acted. 

"I am honoured and delighted by the Court's decision to award almost all of our costs," said David Shiller, who is considered one of the top defamation lawyers in Canada. "As with our victory in November, this decision makes clear that politicians and powerful interests need to think twice before they try to use libel laws to silence legitimate critics." 

Daisy Group is a Toronto-based firm that provides public relations, media relations, and government relations. For 16 years, its pro bono work has consisted of campaigns to oppose racism and hatred. 

SOURCE Daisy Consulting Group

Media Contact: John Danner, 416-642-3100, [email protected]; David Shiller, 416-454-9081, [email protected]