This article contains mention of sexual assault.
On October 10, the Supreme Court of Canada dismissed a bid to appeal a BC Court of Appeals decision which allowed former UBC professor Steven Galloway’s defamation case to proceed to trial.
In the ruling, the Supreme Court of Canada rejected appeals from A.B., a former UBC creative writing graduate student who, in 2015, accused Galloway of physical and sexual assault leading to his termination, and seven others who asked the court to dismiss Galloway’s defamation case against them. A.B.'s name is protected by a publication ban.
The bid to appeal was dismissed with costs payable to Galloway.
In 2018, Galloway sued more than 20 people he claimed made defamatory statements about him following sexual misconduct allegations.
- Steven Galloway sues UBC professors and former students for alleged defamatory statements
- Steven Galloway’s lawsuit can proceed to trial, BC Supreme Court says
- Steven Galloway's defamation trial to proceed after appeals dismissed
Twelve of the defendants filed anti-Strategic Lawsuits Against Public Participation (SLAPP) applications in response, asking the BC Supreme Court to dismiss Galloway's case. According to the Protection of Public Participation Act — the legal basis for the defendants' applications — SLAPP suits are intended to silence individuals from commenting on a matter of public interest or participating in public affairs.
In 2021, BC Supreme Court Justice Elaine Adair dismissed the majority of the applications.
This Supreme Court of Canada ruling upholds a January BC Court of Appeals judgment that rejected appeals from the same plaintiffs, finding the alleged defamatory statements were not protected by the province’s Protection of Public Participation Act.
The January ruling allowed Galloway's initial defamation case to move forward. He alleged A.B. defamed him by falsely asserting he had sexually assaulted, raped and physically assaulted her, but A.B. claims she did not defame him because the allegations are true.
Galloway also alleged a number of individuals defamed him by repeating those claims in different forums, including on the Internet and on X (formerly known as Twitter).
In a statement to The Ubyssey, Galloway’s lawyer Daniel Burnett said “Galloway is relieved that he can finally move to a trial and judgment for the serious libels he suffered.”
“There is something very wrong with a system where the defendants’ SLAPP motions can hold up his right to a trial for over 5 1/2 years,” wrote Burnett.
A.B.’s lawyer David Wotherspoon wrote in a statement to The Ubyssey A.B.'s legal counsel is "disappointed that the Supreme Court of Canada did not take up the appeal."
"There has been substantial reform in the criminal law to support victims of sexual assault, but no similar reforms outside of criminal law, such as where people, usually women, are sued for defamation for reporting sexual assault. Granting leave would have given the [Supreme Court of Canada] an opportunity to consider protections outside of the criminal context," wrote Wotherspoon.
Share this article
First online
Submit a complaint Report a correction
