Ontario couple 'bullied' by window company over bad reviews awarded $166,000
An Ontario couple sued because they wrote a bad online review about a window company have been awarded more than $166,000 after a judge found they were bullied over it.
The couple purchased 14 windows and a sliding door from Woodbridge, Ont. company Canadian Thermo Windows, which operates under the name Magic Windows, but said they had issues with leaking following the installation.
They wrote three negative online reviews about the window company, in which they described their experience with Canadian Thermo Windows.
After the reviews were posted, the window company asked the couple to delete the negative reviews, but when they refused, Canadian Thermo Windows filed a defamation suit, court documents say.
"The plaintiffs brought this lawsuit to bully the defendants into removing their reviews from the Internet," Ontario Superior Court Justice Fred Myers found in his court ruling on the case.
According to court documents, the lawyer for Canadian Thermo Windows said the company suffered a "dramatic loss of revenue in December 2020" because of the couple's negative reviews.
"They deny that the loss of revenue was caused by the shutdown of Ontario due to the pandemic," Myers wrote.
The couple countered Canadian Thermo Windows' defamation suit by filing a motion under the SLAPP (Strategic Litigation Against Public Participation) provisions.
"The intention of the anti-SLAPP motions is to provide a quick and inexpensive mechanism to end lawsuits being used to stifle public debate on a topic of public interest," Myers wrote.
Myers said in this ruling that Canadian Thermo Windows sought to "control the public narrative" by threatening the couple with a defamation suit.
"The plaintiffs sell their goods to the retail public," Myers said. "Discussion among the consuming public of the quality of the plaintiff’s goods and services is a matter of public interest."
Canadian Thermo Windows was ordered to pay $166,687 to the couple for costs and damages, and the defamation suit was tossed out.
"They were bullied," Lenczner Slaght LLP lawyer Lawrence Thacker, who represented the couple, told CTV News Toronto on Friday. "Because most people who, when faced with that sort of demand, will say 'I don’t want to spend the money to hire a lawyer.'"
"But that defeats the purpose of reviews. What is the function of reviews if any negative review can be wiped out by the person who being reviewed simply by a litigation tactic?"
Derek Knoke, who also represented the couple, said the SLAPP laws worked in this case.
"The legislation was intended to prevent people from using the threat of costs to scare people away," Knoke said. "(Without it) they could just give up, they take down their reviews."
In a statement to CTV News Toronto, lawyers for Canadian Thermo Windows maintain the "statements about their company were untrue."
"As things stand, the court has held that the legislature has removed the right to such a trial and that they must pay the defendants’ enormous legal bill for having asserted that right," the company's lawyers said.
CTVNews.ca Top Stories
A 'tragedy that can't be measured': North Bay's forever chemical problem is also the rest of Canada's
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
opinion How to use your credit card as a powerful wealth-building tool
Irresponsibly using a credit card can land you in financial trouble, but personal finance columnist Christopher Liew says when used properly, it can be a powerful wealth-building tool that can help grow your credit profile and create new opportunities.
Swarm of 20,000 bees gather around woman’s car west of Toronto
A swarm of roughly 20,000 bees gathered around a woman’s car in the parking lot of Burlington Centre.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
Here's what 'the hinge' move is, how to do it correctly
When you're picking something up from the floor or bending over to tie your shoe laces, you're performing "the hinge move," according to movement trainers.
Dashcam video shows terrifying near-miss on two-lane northern Ontario highway
There were some scary moments for several people on a northern Ontario highway caught on video Thursday after a chain reaction following a truck fire.
Trump heading to Jersey Shore to rally 'mega crowd' in weekend break from hush money trial
After a long week in court, Donald Trump is heading to the Jersey Shore. And his campaign says he'll be joined by "tens of thousands" of his friends.
Barron Trump declines to serve as an RNC delegate
Former U.S. President Donald Trump's youngest son, Barron Trump, has declined to serve as a delegate at this summer’s Republican National Convention, according to a senior Trump campaign adviser and a statement from Melania Trump's office.
Quebec woman buys lotto ticket from daughter's store, wins $1 million
A woman from Saguenay-Lac-Saint-Jean, Que. won $1 million in a Lotto 6/49 draw and she bought the ticket from her daughter's convenience store.