Former Ontario nurses known for anti-vaxx views appeal dismissal of $1M libel suit

Three former Ontario nurses whose social media posts spread vaccine misinformation and COVID-19 conspiracy theories have appealed the dismissal of a $1-million libel suit against two of their criticsa suit the lower courtjudge dismissed as "puzzling" and, on appeal, another court said had "a low chance of success."

Kristen Nagle, Kristal Pitter and Sarah Choujounian,who sit on the board of directors for Canadian Frontline Nurses,launched theirlibel lawsuit againstthe Canadian Nurses Association (CNA) and Comox, B.C.-based media outlet Together News Inc.(TNI)last January.

In their court filings, the plaintiffs alleged separate editorialspublished by the defendants critiquingtheir roles in organizingnationwideprotests outside Canadian hospitalsduring the pandemiccaused them "ridicule, hatred and contempt," and "injured in theirfeelings, their personal and professional character and reputation."

Last December, the lawsuit was dismissed as a SLAPP, or strategic lawsuit against public participation, a legal term used to describegag proceedings meant to silence critics on matters of public interest.

Earlier this month, Justice MarieAndre Vermette, who called the plaintiffs' decision to sue "puzzling,"ruledthat, under Ontario's anti-SLAPP legislation, the three now owe the defendants combined legal costs of$315,000.

Lawyer says plaintiffs'weaponized' proceedings

As Nagle, Pitter and Choujounianappeal, the defendantshave called into question theirability to pay and have sought security for the cost of the proceedingfrom an Ontario Court of Appeal, legal documents show.

In a decision written earlier this month, Appeal Court Justice J.A. Favreauagreed the defendants had valid concerns, saying "the appeal has a low chance of success." The decision also notes that for TNI,"it will be nearly impossible for them to recover costs if they are successful."

Favreau ordered the plaintiffs to pay $15,000, saying "there is no evidence that this amount would preclude the plaintiffs from pursuing the appeal" while providing "a measure of protection to the TNI defendants."

"This case has been a real significant burden on my client," Paul Champ, the lawyer for TNI, told CBC News on Thursday. Hebelieves the appeal by the CFNis a further attempt not only to silence his client, but also toruin itsfinances.

"Practically every newspaper from across the country published really critical stories that were very similar to my client's and yet they chose to pick on my client," he said. "It's really unfortunate thatcourts can be weaponized in this way."

Alexander Boisseneau-Lehner, lawyer for thethree former nurses, declined to speak with CBC News about the appeal.

"As the matter remains active before the courts, it would be inappropriate for us to comment at this time," he wrote in an email.

Affidavit showsCFN, ex-nurses' finances

According to the provincial regulator, the College of Nurses of Ontario, none of the three isentitled to practise nursing after facing separate disciplinary hearings by a tribunal.

In a 72-pageaffidavit filed by the plaintiffs in March that details their personal finances, they argue their combined assets would be sufficient to pay for anappeal should it be unsuccessful"assuming those costs will not exceed $220,000," the document said.

Court filings offer a financial picture of the CFN and each of the three women, who make up three-quarters of the non-profit corporation's board of directors.

The court documents state that, as of March 28, the CFN had $23,854.06 in cash and is engaged incrowdfunding its legal fees.

Here's what the affidavit saysabout the three plaintiffs' finances:

• Choujouniansold her home in Mississauga for $820,000 last January, earning a $200,000 profit with which she "purchased a modest amount of silver and gold." She was paid $10,000 for work with Lighting It Up, a holistic healing service where she charged$120 an hour to help people "heal from childhood trauma" or "recover from fibromyalgia," allowing customers to "finally ditch all the toxic harmful prescription medication."
• Nagle"is currently unemployed," sinceNovember 2020, the documents said, addingshe "is supported by her husband Christopher Nagle, who is employed full time as a teacher." Nagle and her husband have owned theirhome in London since 2020, but "there is little equity in the property available" and "she does not current have the ability to pay of the appeal herself." She still faces a potential $10,000 fine, for violating Ontario's Reopening Act,thatisunder appeal.
• Pitter works "as a general labourer at a factory," earning an hourly wage of $20. While she has jointly owned her home in Tillsonburg with her husband, Craig Pitter, since 2008, the home is mortgaged with "little equity in the property."

Provincial records obtained by CBC News also indicate Kristal Pitterhas lienson two vehicles in Ontario:a Honda Civic and a Ford Equinox.

The documents noteshe"does not currently have the ability to pay for the costs of the appeal herself" and still owes$17,500 stemming from her disciplinary hearing in front of the College of Nurses of Ontario.