This article contains mention of sexual assault.
The BC Court of Appeal dismissed appeals against former UBC professor Steven Galloway, who is now able to proceed with a defamation trial after he was accused of physical and sexual assault by a former student in 2015.
In Wednesday’s 185-page ruling, the BC Court of Appeal rejected appeals from A.B., the former UBC creative writing graduate student who accused Galloway of assault, and seven others who asked the courts to dismiss Galloway’s defamation case against them as an attempt to silence public participation. A.B.'s name is protected by a publication ban.
In 2018, Galloway sued more than 20 people he claimed made defamatory statements about him following the sexual misconduct allegations.
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 (PPPA), 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.
- Steven Galloway sues UBC professors and former students for alleged defamatory statements
- Steven Galloway’s lawsuit can proceed to trial, BC Supreme Court says
Wednesday’s ruling allows Galloway’s defamation trial to proceed over five years after its initial filing.
“The action was filed over 5 years ago, and has been held up far too long in this anti-SLAPP process,” said Galloway’s lawyer, Daniel Burnett, in a statement. “This is a serious defamation action that could have been to trial already if [it] were not for these delays.”
The anti-SLAPP rulings have not been made on the merit of Galloway's claims, or whether the relationship between him and A.B. was consensual. Rather, the judges have considered whether the defendants' comments should be considered in the "strong public interest," and therefore allowed under the PPPA.
In a statement, A.B.’s lawyer Joanna Birenbaum said “We remain extremely concerned about the implications of this judgment for survivors of sexual violence and in particular for students, staff and faculty of universities and colleges, who may feel less safe about coming forward with concerns.”
A nine-year story
In 2015, A.B., who at the time was a student of Galloway’s, alleged he physically and sexually assaulted her. According to a 2021 Supreme Court decision, between 2011 and 2013 A.B. and Galloway had been in a “personal relationship.” A.B. said the relationship was non-consensual, and Galloway disagreed.
Galloway was formerly the UBC creative writing chair until he was removed in 2015 due to “serious allegations.” He was later terminated by UBC in June 2016 for misconduct.
In 2016, Supreme Court Justice Mary Ellen Boyd — who UBC hired to investigate the alleged misconduct — concluded the relationship between A.B. and Galloway was consensual. However, she found that Galloway made “inappropriate sexual comments and advances” toward A.B. and that “[A.B’s] failure to expressly object to [Galloway’s] behaviour was the byproduct of the power differential between the two parties.”
Galloway was awarded $167,000 in damages from UBC and an additional $60,000 after an arbitration process determined that UBC had damaged his reputation and breached his privacy, in summer 2018.
Defamation case to move to trail
Galloway's initial defamation case is now able to move forward. He alleges 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.
He also alleged a number of individuals also defamed him by repeating those claims in different forums, including on the Internet and on X (formerly known as Twitter).
Galloway claimed these statements made by the defendants were defamatory “because a reasonable person would understand those statements to mean that he was guilty of criminal misconduct,” read the appeals decision.
“We are reviewing the judgment with our client and are considering the next steps that we will take," said Birenbaum.
In a statement, Galloway said he is “relieved and thankful that this matter will be moving to trial.”
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