I have decided to appeal the decision, and we filed our notice on April 7th. You may read it here: https://drive.google.com/file/d/14xUaw-8tDKdcNdgG8TjHzCMijc9jEJSH/view?usp=sharing
If you missed my previous update, this is what we seek to overturn: https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc400/2022bcsc400.html
There is too much at stake to let the decision stand. Freedom of expression, fair dealing under the Copyright Act, and the effectiveness of anti-SLAPP legislation are all under threat and must be protected. I think it is essential that the issues raised be addressed by the Court of Appeal, BC’s highest court.
Most importantly, this judgment endangers our ability to protect vulnerable students. How Proctorio works is the key to understanding its harms, which is why they tried to keep it a secret. Proctorio’s software is toxic. Rather than addressing concerns, they chose to bring a lawsuit to silence me and intimidate other critics. I will never be silenced. Not when students are being harmed.
Proctorio has never proven it has suffered any real harm. Not like students. Not like me. The academic surveillance software business continues to grow, and with it so do the harms. Listen to students. Believe them. We must protect them from Proctorio.
So, what’s next? Proctorio is eager to proceed with suing me: they have made their intentions clear. I am thankful for the Protection of Public Participation Act, which states that Proctorio cannot proceed until all appeals are heard and decided. Over the next few months, we will prepare an appeal factum with our legal arguments. We have heard from some civil rights groups who wish to intervene in the appeal. If they get leave, they will get to write factums too. Proctorio will write one too, of course. Then we’ll schedule a hearing, and all go to court.
I continue to have full confidence in my brilliant legal team from Arvay Finlay LLP. Catherine Boies Parker, Q.C. and Caroline North already defeated Proctorio once in the Court of Appeal, and I believe they will do it again. We are still awaiting the reasons for judgment from Proctorio’s January 28th loss in the Court of Appeal, where they didn’t even get to argue their case before it was quashed.
I will always be thankful to you for getting me here. This is the beginning of the end of Proctorio’s SLAPP, and I couldn’t have asked for better company.