Toronto Star

Woodbridge firm must pay out over $160,000 after ‘bully’ suit

Judge says window company used legal action to force client to remove negative online reviews

- JEREMY GRIMALDI

A Woodbridge windows company has been ordered to pay a client who wrote negative reviews online more than $160,000 after it tried to “bully” the customer with a lawsuit.

The anti-SLAPP decision was rendered Oct. 4 by Justice Fred Myers after Canadian Thermo Windows Inc. sued their customers following the purchase of 14 windows and a sliding door that the customers said were flawed.

“In my view, the plaintiffs brought this lawsuit to bully the defendants into removing their reviews from the internet so as to control the public narrative about the plaintiffs’ business and products,” he wrote. “The fact that the plaintiffs sought to discontinu­e when faced with the anti-SLAPP motion is among the most telling facts exposing the motivation­s at play.”

He added that online discussion among consumers about the quality of those products and the service is a “matter of public interest.”

In all the company has to pay out $164,186. 76, plus damages of $2,500.

The company sued the clients last year, however they countered with an antiSLAPP motion citing laws that are intended to stop threats of lawsuits from intimidati­ng people from exercising their rights.

“When the defendants came forward with an obvious answer to the claim based on clear precedents, the plaintiffs folded like a cheap suit,” Myers added.

He went on to expressly condemn the actions of the firm.

“The plaintiffs are already suffering for their own errant strategic use of the court’s proceeding­s,” he wrote. “In light of my express finding … this was a SLAPP suit in its motivation and implementa­tion.”

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