Can a restraining order be used to restrain speech that is not defamatory?
Ontario, Canada
The following excerpt is from Wiseau Studio et al. v. Richard Harper, 2017 ONSC 6535 (CanLII):
Justice Molloy expressed similar sentiments in the Beidas v. Pichler, [2008] CanLII 26255 stating at para. 74: “there can be no justification for restraining speech that is not defamatory, particularly at an interlocutory stage of the proceedings.” As noted earlier, there is no allegation of defamation here.
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