Today I have some good news and some disappointing news.
The disappointing news is that the hearing of my application to dismiss Proctorio’s lawsuit under the Protection of Public Participation Act will not go ahead next week. Proctorio’s lawyer with primary carriage of their lawsuit is on medical leave until early September, and they say they can’t go ahead without him. We had no choice but to agree to an adjournment until Fall 2021. Health comes first.
In my last update I shared that we defeated Proctorio’s attempt to expand their lawsuit. Justice MacNaughton’s judgment was published on June 15th, and I am still smiling. You may read it online: https://canlii.ca/t/jgf6b
On July 7th, we received notice that Proctorio would appeal their loss to the BC Court of Appeal.
Then this week, on July 19th, Proctorio applied for a last-minute court order to adjourn the lawsuit indefinitely, until their appeal could be heard and decided.
This is where we come to the good news: they lost. In an urgent court hearing this morning, Master Muir refused to put my anti-SLAPP application on hold indefinitely. Instead, it will be rescheduled to a date after Proctorio’s lawyer is back at work, in September or later.
As always, thank you to my brilliant legal team at Arvay Finlay LLP. Catherine Boies Parker, Q.C. and John Trueman represented me today, and will always have my full confidence.
My PPPA application was filed on October 16th, 2020, and I hope it will be heard before the one year mark. Justice is coming, eventually. Thank you for joining me on this journey – your support is what made it possible.