Animal Justice wants lawsuit by Manitoba farmer tossed out

Animal Justice says a defamation lawsuit filed against it by a Swan River farmer who exports horses to Japan has no merit and should be tossed out of court.

Carolyle Farms and its owner, Lyle Lumax, filed the lawsuit in the Court of King’s Bench last month, naming Animal Justice and its executive director, Camille Labchuk, as defendants.

The farmer alleges Labchuk made a defamatory comment in a video posted to social media platforms in February.

Animal Justice argues its director’s comment was factual.

“Any statements made by the defendants about the plaintiffs, their business or the horses were not defamatory,” reads the organization’s statement of defence.

“Any statements made by the defendants were about factual matters and were true or reasonably believed by them to be true, and are therefore protected by the defence of justification.”

The video was posted in February after the conclusion of a private prosecution in Manitoba provincial court against the farmer over the Dec. 12, 2022 air shipment of 79 horses to Japan, where the meat is sold and eaten raw as a delicacy.

The organization argued the farm violated federal animal transport law during the shipment, but a judge acquitted the farmer in March, finding it fulfilled its duty under the legislation.

“Any statements made by the defendants were about factual matters and were true or reasonably believed by them to be true, and are therefore protected by the defence of justification.”

The lawsuit argues that when Labchuk said “at least three horses collapsed on the flight” in the video, taken outside the Winnipeg courthouse on Feb. 13, it was defamation.

Animal Justice said in its filing that Labchuk’s comment was based on government records.

The court papers also said Lumax confirmed to media organizations that three horses fell down during the shipment.

Further, the organization argues, the statement was a fair comment made without malice on a matter of public interest, based on facts or things reasonably thought to be facts.

Animal Justice also argues the farm suffered no loss or damage, including to its reputation, as a result of the comment.

In its filing, the animal rights organization points to Manitoba’s new Public Interest Expression Defence Act.

The law, which received royal assent last fall, is meant to allow defendants to file motions to have the court quickly dismiss civil lawsuits, including defamation claims, that have no merit and are meant to intimidate people, including whistleblowers and journalists, from commenting on matters of public interest.

Animal Justice says it intends to file a motion to dismiss on the basis that Labchuk’s comment was an expression on a matter of public interest.

The statement of defence asks that the farm’s lawsuit be dismissed and that Animal Justice be granted court costs.

erik.pindera@freepress.mb.ca