On April 17, Justice Broad of the Ontario Superior Court of Justice issued a permanent injunction against a privacy and defamation defendant who he said engaged in a vitriolic campaign to discredit the plaintiff and her father – victims of a violent attack and hostage taking in which the plaintiff’s eight-year-old son was killed by the defendant’s brother-in-law.
A jury found in the plaintiffs’ favour and awarded damages in an amount that has not been published. Justice Broad issued a permanent injunction – an extraordinary remedy – because there was a real possibility that the plaintiffs would not receive any payment. He reasoned:
A possibility means a chance that something will happen, and a real possibility connotes a possibility that is not speculative or lacking in support. It is axiomatic that past behavior can act as a indicator of future behavior. In my view Richard Chmura’s failure to pay the outstanding costs awards, dating back up to more than four years ago, provides a sufficient basis for a finding that there is a real possibility that Julie Craven and John Craven will not receive any compensation, given that enforcement against Mr. Chmura of the damage award may not be possible. The test for the issuance of a permanent injunction preventing any continued or repeated publication of libelous statements about Julie Craven and John Craven has therefore been satisfied.