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
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Canada Disability Benefit needs to be safeguarded from clawbacks, MPs unanimously agree
The federal government needs to safeguard the incoming Canada Disability Benefit from clawbacks and do more to ensure it actually meets the stated aim of lifting people living with disabilities out of poverty, MPs from all parties agree.
Testifying in hush money trial, adult film actor Stormy Daniels describes first meeting Trump
Stormy Daniels took the witness stand Tuesday at Donald Trump's hush money trial, describing for jurors a sexual encounter the porn actor says she had in 2006 that resulted in her being paid off to keep silent during the presidential election 10 years later.
King Charles too busy to see son Prince Harry during U.K. trip
Prince Harry will not be seeing his father King Charles during his current visit to Britain as the monarch will be too busy, Harry's spokesperson said on Tuesday.
Boy Scouts of America changing name for first time in 114 years, aiming for inclusivity
The Boy Scouts of America is changing its name for the first time in its 114-year history and will become Scouting America. It's a significant shift as the organization emerges from bankruptcy following a flood of sexual abuse claims and seeks to focus on inclusion.
opinion Tom Mulcair: Turfing Poilievre from House a clear sign of desperation by Trudeau Liberals
When Speaker Greg Fergus tossed out Pierre Poilievre from the House last week, "those of us who have experience as parliamentarians simply couldn't believe our eyes," writes former NDP leader Tom Mulcair in his column for CTVNews.ca
Security guard shot, seriously injured outside of Drake's Toronto mansion
A security guard working at Drake’s Bridle Path mansion in Toronto was seriously injured in a shooting outside the residence early Tuesday morning, police said.
Katy Perry's mom was fooled by AI images of the singer at the Met Gala
Katy Perry did not attend the Met Gala on Monday, but some of the singer’s fans – and even her mom – thought she did.
Your body needs these three forms of movement every week
Movement is movement, right? Not exactly. Here’s what your body is looking for in addition to your morning walk or yoga session, according to experts.