Hill V. Church of Scientology of Toronto - Overview

Overview

On 17 September 1984 Morris Manning, a lawyer working for the Church, and representatives of the Church of Scientology held a press conference on the courthouse steps in Toronto. Manning, wearing his barrister's gown, read from and commented upon allegations in a notice of motion by Scientology, intending to commence criminal contempt proceedings against a Crown Attorney, Casey Hill. The motion alleged Hill had misled a judge and had breached orders sealing certain documents belonging to Scientology in R. v. Church of Scientology of Toronto.

At the contempt proceeding where the appellants were seeking a fine or imprisonment against the defendant, the allegations against Hill were found to be completely untrue and without foundation. Thus Hill launched a lawsuit for damages in libel against the appellants. Both appellants were found jointly liable for general damages of C$300,000 and Scientology alone was liable for aggravated damages of C$500,000 and punitive damages of C$800,000. The judgement was affirmed in a 1993 decision by the Court of Appeal for Ontario. The major issues raised in this appeal were: Was the common law of defamation valid in light of the Canadian Charter of Rights and Freedoms and whether the jury's award of damages could stand.