Law360 Canada ( November 8, 2024, 3:54 PM EST) -- Appeal by appellants from the dismissal of their defamation action on the ground that the motion judge erred in her application of s. 137.1(4)(a) and (b) of the Courts of Justice Act ("CJA") in dismissing the appellants' action. The appellants operated a cat rescue, rehabilitation and adoption service in Ontario. They initiated a defamation action against the respondents and others for negative posts and associated comments about them on the Facebook group "Helping Pets in Need" ("HPIN Group"). The impugned statements alleged that the appellants were mistreating the cats under their care and that the appellant, Hamer, was a cat hoarder with mental health issues. The respondents, (who were respectively incorrectly named as "Namedoff" and "Accord" in the statement of claim), had been volunteer administrators of the HPIN Group who were responsible for monitoring and vetting postings and comments and were two of the defendants to the action. They brought a motion under s. 137.1 of the CJA to dismiss the appellants' action against them. Although the respondents brought the motion, the motion judge dismissed the action against all the defendants and ordered full indemnity costs payable by the appellants to the respondents. The appellants, however, maintained that the motion judge erred by dismissing the action against two of the defendants, Melo and Price, when they had not sought to dismiss the appellants' action....