Lerners Achieves Successful Outcome in Defamation Action Arising from City Councillor’s Social Media Post
Jul 21, 2026
Announcements
Partner Jacob Damstra obtained summary judgment and damages award on behalf of Dawn Flegel in Flegel v. Dennis, 2026 ONSC 3532.
The case arose from a social media post made by Bill Dennis, a municipal councillor, concerning recruitment practices at the Sarnia-Lambton Children's Aid Society (SLCAS), where Ms. Flegel served as Executive Director. The post was published in response to an SLCAS job advertisement that welcomed applications from marginalized community members and generated significant public attention.
The Ontario Superior Court of Justice found that statements published by Mr. Dennis were defamatory and conveyed serious allegations about Ms. Flegel's honesty, integrity, and professional conduct. The Court concluded that the allegations lacked an adequate factual foundation and rejected the defendant's asserted defences.
Justice Martha Cook awarded Ms. Flegel $33,000 in damages, dismissed the defendant's counterclaim in its entirety, and found that the plaintiff was entitled to recover her legal costs.
In its decision, the Court considered the important role that political discourse and public debate play in a democratic society, particularly where elected officials engage in commentary on matters of public interest. At the same time, the Court reaffirmed that participation in public debate does not shield individuals from liability for defamatory statements that unjustifiably harm another person's reputation.
"Online debate does not provide a licence to make serious and unfounded claims about an individual's honesty, integrity, or fitness for their profession. The Court carefully distinguished between protected comment and defamatory statements. We are pleased to have achieved this result for our client," said Jacob Damstra, Partner at Lerners.
The decision provides important guidance regarding the limits of lawful expression in the context of political and social commentary online. As social media continues to serve as a forum for public debate, including discussions involving elected officials and community leaders, the case confirms that individuals remain accountable for statements that cross the line into defamation.
About Lerners LLP
Lerners LLP is one of Ontario’s largest law firms, with offices in London, Toronto, Waterloo Region, and Strathroy. With over 90 years of successful client service and representation, our team of more than 140 exceptionally skilled lawyers provides deep experience across a full range of practice areas.
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