The SCC released its judgment in Hansman v. Neufeld today. By a 6–1 majority, the SCC reversed the decision of the the BCCA in that case. This is bound to have an effect on the BCCA’s decision in the Galloway case. Here is a link to the SCC decision:
Thanks for posting the link Don. There are two issues at play in Hansman v Neufeld that have relevance. One could help Galloway and one could help the defendants. In Galloway's favour is the issue of deference to the chambers judge. But I think that point is already clear. The other issue is harms in relation to the weighing exercise. I'm guessing the applicants will make submissions on that but my view is that Madam Justice Adair is solid on this and that the defamations and proven damages are so vastly different from Hansman that they have an uphill battle on that one.
I'll be posting my overview of the appeal hearing soon and that will give some context.
Also, any idea of the judgment against those who are no longer pleading not guilty (if I interpreted the last installment correctly -- or is this just the SLAPP proceeding, still)?
Court of Appeal decisions tend to take a few months. The last time this case was before the BC Court of Appeal (over document disclosure) the decision came in just over 90 days from the hearing date. It's hard to estimate the turn around time for this decision since it is far more complex and will most likely become the seminal precedent on SLAPP law in BC if not in the country. At least until the Supreme Court of Canada releases their decision on Hansman v. Neufeld which they heard late last year.
The current hearing is just related to the SLAPP application. The two defendants that withdrew their appeals will go to trial. After the last two days of hearings it's looking likely that the defendants appealing Adair's decision will join them.
The strategy seems to be ragging the puck till the plaintiff is worn out financially and emotionally. (Although since both has already happened before the case began it's unlikely to work.) I'm astonished at Galloway's Zen-like perseverance.
It's looking then, as if the case itself won't be decided till the end of 2024, with appeals to follow. Is that about right? A Canadian Jarndyce and Jarndyce.
The SCC released its judgment in Hansman v. Neufeld today. By a 6–1 majority, the SCC reversed the decision of the the BCCA in that case. This is bound to have an effect on the BCCA’s decision in the Galloway case. Here is a link to the SCC decision:
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/19911/index.do
Thanks for posting the link Don. There are two issues at play in Hansman v Neufeld that have relevance. One could help Galloway and one could help the defendants. In Galloway's favour is the issue of deference to the chambers judge. But I think that point is already clear. The other issue is harms in relation to the weighing exercise. I'm guessing the applicants will make submissions on that but my view is that Madam Justice Adair is solid on this and that the defamations and proven damages are so vastly different from Hansman that they have an uphill battle on that one.
I'll be posting my overview of the appeal hearing soon and that will give some context.
More soon!
Any idea when the final judgment will come?
Also, any idea of the judgment against those who are no longer pleading not guilty (if I interpreted the last installment correctly -- or is this just the SLAPP proceeding, still)?
Court of Appeal decisions tend to take a few months. The last time this case was before the BC Court of Appeal (over document disclosure) the decision came in just over 90 days from the hearing date. It's hard to estimate the turn around time for this decision since it is far more complex and will most likely become the seminal precedent on SLAPP law in BC if not in the country. At least until the Supreme Court of Canada releases their decision on Hansman v. Neufeld which they heard late last year.
The current hearing is just related to the SLAPP application. The two defendants that withdrew their appeals will go to trial. After the last two days of hearings it's looking likely that the defendants appealing Adair's decision will join them.
The strategy seems to be ragging the puck till the plaintiff is worn out financially and emotionally. (Although since both has already happened before the case began it's unlikely to work.) I'm astonished at Galloway's Zen-like perseverance.
It's looking then, as if the case itself won't be decided till the end of 2024, with appeals to follow. Is that about right? A Canadian Jarndyce and Jarndyce.