Court dismisses lawyer’s defamation suit over COVID litigation criticism

The Ontario Court of Appeal dismissed Rocco Galati’s defamation lawsuit against critics of his COVID-19 mandate challenges, ruling that their public interest expressions were protected and Galati failed to prove substantial harm.

 

X / roccogalatilaw

The Ontario Court of Appeal has just ruled that the appeal attempt of Rocco Galati, a prominent lawyer known for challenging COVID-19 mandates, will not proceed under anti-SLAPP provisions.

Galati, who spearheaded high-profile lawsuits like the Vaccine Choice Canada (VCC) and Action4Canada (A4C) actions, sued the Canadian Society for the Advancement of Science and Public Policy (CSASPP), its officers, and donor Donna Toews for defamation, conspiracy, and harassment.

He alleged that their crime was publicly questioning his legal tactics and the transparency of funds raised for his COVID-related lawsuits. The court wasn’t having it, and Galati’s claim was dismissed as an attempt to silence critics.

The case stems from Galati’s lawsuits in Ontario and British Columbia, which sought to overturn government COVID-19 measures, alleging constitutional breaches and making sweeping claims that attempt to implicate figures like Bill Gates and the World Health Organization, none of whom were named as parties to the actions.

But CSASPP is running its own class action in B.C., while distancing itself from Galati.

In a 2021 email and website FAQ, they called his pleadings “poorly drafted” and questioned his progress, noting, “Nothing has been accomplished in Ontario since Rocco filed around six months ago.”

Toews, who had donated to VCC’s legal action in her husband's name, escalated things by filing a complaint with the Law Society of Ontario, raising concerns about unaccounted donations and Galati’s stalled litigation.

The court was led by Justice Zarnett, who upheld the dismissal under s. 137.1 of the Courts of Justice Act, which protects public interest speech.

The judges found CSASPP’s critiques and Toews’ complaint addressed matters of public concern — namely, the competence of a lawyer handling high-stakes public litigation and the use of donated funds. Galati’s claims, including defamation and conspiracy, lacked “substantial merit,” and the defendants had solid defences like absolute privilege for the Law Society complaint and fair comment for CSASPP’s statements.

The court saw no evidence of serious harm to Galati’s reputation, pointing to other sources, like the “Canuck Law” group, as more likely culprits for any reputational damage.

Cutting to the core of the ruling was the dissatisfaction “that the appellant had suffered any, much less serious, harm because of the expressions,” finding that there was a “strong public interest in protecting expressions about a lawyer retained to litigate an action challenging pandemic restrictions, and the right of members of the public to make complaints to quasi-judicial bodies like the LSO without the fear of reprisal by litigation.”

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Tamara Ugolini

Senior Editor

Tamara Ugolini is an informed choice advocate turned journalist whose journey into motherhood sparked her passion for parental rights and the importance of true informed consent. She critically examines the shortcomings of "Big Policy" and its impact on individuals, while challenging mainstream narratives to empower others in their decision-making.

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  • Bruce Atchison
    commented 2025-08-01 19:55:58 -0400
    I’m glad Rocko fought this panic-demic nonsense.