The BC Court of Appeal has ruled against anti-salmon farming activist Don Staniford.
Mainstream Canada took Mr Staniford to court for his “malicious and defamatory attacks” which the company said did not just affect Mainstream Canada, but the employees, their families, the company’s suppliers and partners too.
Justice Tysoe found that the activist was not eligible for protection under a fair comment defence because he failed to adequately present facts to back up his claims.
"The appropriate way to punish Mr. Staniford for his reprehensible conduct in the litigation is to award Mainstream special costs against him," wrote Justice David Tysoe in the judgment handed down. “I would award Mainstream general damages in the amount of $25,000 and punitive damages in the amount of $50,000. I would award Mainstream special costs of the action and party and party costs of this appeal."
This judgment upholds Mainstream Canada's arguments made during the company's original court case against the activist. The trial, which ran from 16 January to 10 February 2012, was responding to a prolonged, malicious, and unfounded attack on Mainstream Canada and its employees.
In the original trial, the judge concluded that Mainstream was a responsible corporate citizen and also found that the activist's comments were defamatory and were motivated by express malice toward Mainstream. She described the language in his publications as "extreme, inflammatory, sensationalised, extravagant and violent."
