Slanderous Defamation of a Medical-Science Idiot

"[The damages sought by the two physicians in their suit was] a considerable sum by any calculation and of understandably great concern [to the people they sued]."

"Although the individual ... plaintiffs are not substantial corporations or institutions, they are educated persons who were represented by counsel throughout."

"[If the suit proceeded] its chilling effects would have an impact well beyond the parties in this case."

"Dr. Gill herself is the most obvious cause of damage to her reputation."

Justice Elizabeth Stewart, Ontario Court

Dr. Kulvinder Kaur Gill, above in her clinic in Brampton in 2017, said a vaccine was not needed against the virus, that most people had natural immunity to COVID-19 and there was no scientific rationale for keeping people at home to short-circuit its spread. Photo by Michael Peake/Postmedia/File

Drs. Kulvinder Kaur Gill, a pediatrician practising in Brampton, Ontario just outside Toronto, and a colleague, Dr. Asvinder Kaur took it upon themselves to serve their ire over criticism from their professional peers and news media sources for defaming them by launching a lawsuit against them. A group of 23 representing, doctors, academics and journalists who had found reason to criticize their COVID vaccine rejecting recommendations to her patients were being sued to the tune of $12-million in a libel suit.

Dr. Gill, counter-sued, was charged with accusing her detractors of representing a "pack of hyenas" determined to destroy her reputation. This week, Justice Elizabeth Stewart ordered Dr. Gill to pay the defendants $1.1 million in legal costs when her lawsuit was struck down in February as representing a potential curb on vital public debate. Dr. Gill is appealing the decision on costs along with the February ruling dismissing her lawsuit.

Dr. Gill had been cautioned last year with respect to some of her COVID statements by the Ontario College of Physicians and Surgeons, advising her that she must appear on similar charges in front of a disciplinary tribunal. Should a guilty verdict come down, her license to practise could be revoked. One of the plaintiffs that Dr.Gill sought to sue is a family physician who hits back against bogus health-care products and practices, welcoming the cost ruling.

Dr. Terry Polevoy paid his lawyer to defend him in the suit out of his own savings since he no longer actively practices medicine. His bills exceeded $51,000. "It's a lot of stress, a lot of pent-up frustration at the legal system", he explained. The suit against the 23 different individuals came complete with separate allegations against each defendant.

"You have to mount a very serious defence. While it's an unprecedented cost award, it's also an unprecedented lawsuit", explained an individual involved in the case, unable to give his name since the case remains before the courts. Most professionally related legal costs for doctors are covered by the Canadian Medical Protection Association.

The lawsuit filed by Dr. Gill in December 2020 accused doctors, a former president of the Ontario Medical Association, university professors, media outlets and newspaper journalists of libeling her. Comments made on Twitter in response to her rejection of the science around COVID-19 were all cited as fodder for her lawsuit. 

Dr. Gill claimed that a vaccine was unneeded to counter the virus, since most people naturally had COVID immunity and no scientific rationale exists for mandating that people remain at home to curtail the spread of the virus. The 23 defendants responded to her lawsuit by filing an anti-SLAPP motion, a manoeuvre designed legally to halt early in the proceedings, lawsuits curbing discussion in the public interest.

 

Justice Stewart, ruling in their favour, rejected the plaintiffs' arguments of excessive costs award against them. However, Justice Stewart pointed out that everyone named in the suit was forced to argue their case based on separate facts, the issues being of "great importance" to them. As the case continues to roll forward, University of Ottawa health law professor Amir Attaran is being sued by Dr.Gill for $7 million in reference to tweets where he named her an idiot.