Nova Scotia

N.S. court orders YouTuber to pay $175K for defaming Egyptian civil servant

A court has ordered a Halifax YouTuber to pay $175,000 for defamatory statements made against an Egyptian civil servant, but Nermine Adel Khalil says she has no intention of paying, or ceasing her comments.

Defamatory comments 'outrageous, insulting, spiteful and malicious,' judge writes

A Canadian flag and two others flutter outside of an austere court building.
The case was heard in Halifax because the YouTuber lives in the city and the statements were made there. (Robert Short/CBC)

A court has ordered a Halifax YouTuber to pay $175,000 for defamatory statements made against an Egyptian civil servant, but Nermine Adel Khalil says she has no intention of paying, or ceasing her comments.

In a July 31 decision, Nova Scotia's Supreme Court ruled that Khalil, a former Egyptian national who is now a Canadian citizen, defamed Nashwa Abdelhamid Mohamed Abdelkader in YouTube videos, threatening violence against her more than once.

Justice Gail Gatchalian characterized the defaming comments as "outrageous, insulting, spiteful and malicious."

The judge also noted "the ubiquitous publication of the false statements, the lack of a retraction or apology from Ms. Khalil, and Ms. Khalil's continued campaign of increasingly harmful defamation and threats of physical violence in the face of this legal proceeding."

Gatchalian said Khalil continued to make these statements on YouTube to more than 100,000 followers after the lawsuit was filed last fall, adding that "Ms. Khalil has stated that she will not stop."

Civil servant says she fears for her safety

Abdelkader, described in the ruling as holding an important senior role in the Egyptian civil service, has said she had never met Khalil.

She feared her job may be at risk due to the defamatory statements, and "as an unmarried woman living in a conservative society, Ms. Abdelkader believes that Ms. Khalil's videos and posts containing the defamatory statements jeopardize Ms. Abdelkader's safety," the judge said.

Khalil filed a brief statement of defence denying Abdelkader's allegations, but she did not present evidence to counter them.

Gatchalian awarded Abdelkader $100,000 in general damages, $50,000 in aggravated damages and $25,000 in punitive damages, calling Khalil's conduct "malicious, oppressive and high-handed."

The judge ordered a permanent injunction forbidding Khalil from making further defamatory comments against Abdelkader, despite the "strong likelihood" of Khalil continuing her campaign of defamation.

YouTuber plans to appeal

Though Abdelkader lives in Cairo, Gatchalian said the Nova Scotia Supreme Court still has jurisdiction because Khalil lives in Halifax and made the defaming statements in that city. The injunction orders her to cease making defamatory comments while in Nova Scotia.

"Furthermore, I am not satisfied that a court of another state is a more appropriate forum in which to hear the proceeding," the decision reads.

Khalil, who represented herself during court proceedings, said Wednesday she intends to appeal.

Abdelkader's lawyers did not immediately return a request for comment.

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