Cynthia Prescott, et al. v. Benchwood Builders Inc., et al. (41794)

Cynthia Prescott, et al. v. Benchwood Builders Inc., et al. (41794)

From Supreme Court of Canada Hearings (Floor Audio) by SCC Hearings Podcast

May 18, 2026 · 3h 15m

About this episode

The episode discusses a legal dispute between homeowners and a construction company over defamation and freedom of expression.

The applicants, two homeowners, hired the respondent company, Benchwood, to renovate their home. Benchwood is a general contracting and construction management business, and the respondent Michael Slaven is one of its co-owners. There were several areas of disagreement between the parties during the course of the renovations. A heated discussion occurred between Mr. Slaven and one of the homeowners. Benchwood performed no further work for the homeowners following this incident.The homeowners subsequently discovered that Benchwood posted photographs of their home online to attract new customers. This angered them and prompted them to post allegedly defamatory statements about Benchwood and Mr. Slaven on social media platforms.In response to these statements, Benchwood and Mr. Slaven commenced an action seeking damages for defamation. The homeowners subsequently brought a motion pursuant to s. 137.1 of the Courts of Justice Act for an order dismissing the action as a proceeding that limits freedom of expression on matters of public interest. The motion judge agreed with the homeowners and ordered that the action be dismissed. Benchwood and Mr. Slaven appealed to the Ontario Court…

Topics covered

  • defamation
  • home renovation
  • freedom of expression
  • legal dispute
  • anti-SLAPP legislation

Keywords

  • defamation
  • libel
  • slander
  • anti-SLAPP
  • homeowners
  • construction
  • legal appeal

Mentioned in this episode

Organizations: Benchwood Builders Inc., Ontario Court of Appeal

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