Medipharm wins full anti-SLAPP defamation dismissal

Executive Summary

• Medipharm Labs Corp. announces the complete dismissal of a defamation action initiated by Apollo Technology Capital Corp., Nobul Technologies Inc., and Regan McGee under Ontario’s Anti-SLAPP law.
• The Superior Court of Justice dismissed the remaining libel allegations against CEO David Pidduck and Chairman Chris Taves, ruling that the plaintiffs failed to prove serious harm and that the defendants established valid defenses.
• The company also disclosed that prior press releases related to Apollo were amended and disseminated under Medipharm’s name without authorization, and notes that costs owed to Medipharm from previous court dismissals have not yet been paid by the plaintiffs.

Key Details

• Legal Dismissal: The Superior Court of Justice (Ontario, Commercial List) fully dismissed the statement of claim (CV-25-00742450-0000) against Medipharm’s CEO and Chairman.
• Anti-SLAPP Ruling: The court granted the anti-SLAPP motion under Section 137.1(3) of the Courts of Justice Act, dismissing remaining libel allegations in full.
• Court Findings:
  • The April 29, 2025 letter was deemed "typical of a lawyer's letter."
  • There was ample evidence confirming the truth of assertions in the letter, with no evidence to the contrary.
  • Plaintiffs failed to meet the onus required, and defendants established valid defenses for all four asserted defenses.
  • Plaintiffs produced no evidence that the letter caused "serious harm" as required under s. 137.1(4)(b).
• Prior Dismissals: This follows a May 28, 2025 announcement where plaintiffs agreed to dismiss a $50-million conflict of interest claim with prejudice, and a May 16, 2025 court dismissal of an application regarding the appointment of an independent chair for shareholder meetings.
• Unpaid Costs: Costs owed to Medipharm resulting from the full dismissal of the application have not yet been paid by Apollo and Nobul.
• Unauthorized Press Releases: Medipharm alerted shareholders that certain prior press releases related to Apollo were amended and disseminated under the company’s name and/or filed on its SEDAR+ profile without authorization on November 7 and November 10, 2025.
• Context of Dispute: The defamation claim related to a letter sent to a former executive of a Medipharm subsidiary on April 29, 2025, in connection with a proxy contest initiated by the plaintiffs. The plaintiffs had sought $50-million in damages.

Notable Quotes

• Court Ruling: "I find that the April 29 letter is typical of a lawyer's letter that one would expect in these circumstances."
• Court Ruling: "In my view there is ample evidence confirming the truth of the assertions/concerns in the April 29 letter and, again, no evidence to the contrary."
• Court Ruling: "I find that the plaintiffs have utterly failed to meet the onus required of them, and I find that the defendants have on balance established valid defences in the case of each of the four defences they assert."
• Court Ruling: "The plaintiffs have produced no evidence that the April 29 letter caused any harm, let alone the 'serious harm' that they must show under s. 137.1(4)(b)."