Introduction

[1] This is a writ action by the plaintiff development company against the two defendants, who are purchasers of units in a condominium complex for libellous remarks allegedly made by them in postings of messages against the plaintiff in a WhatsApp chat group. The defendants counterclaimed against the plaintiff for abuse of process and infringement of their right of freedom of expression.

[2] At the conclusion of trial which was conducted by way of a remote communication technology via Zoom I found that the plaintiff has succeeded in proving its case of defamation against both defendants, and therefore allowed the claim, but dismissed the counterclaim, and highlighted the main grounds for my decisions. This judgment contains the full reasons for the same.

Key Background Facts

[3] The salient facts of the case, consistent with the