The Lawfare Project announces significant victory in defamation lawsuit brought by Shai DeLuca against Foodbenders
“The victory underscores that there will be legal repercussions for those who defame Jewish people, under the guise of ‘Palestinian advocacy.' We are proud to have facilitated the legal representation of Shai DeLuca, who bravely stood up against bigotry and hatred, and who won a significant victory in court against Jew-hatred. The defendant in this case spread an intentional and vicious blood libel against the Jewish state, and against Mr. DeLuca because he is Jewish. With our legal victory we have set an important precedent in Canada that such falsities have no place in our democracy, and anyone who likewise disseminates Jew-hatred will be held accountable.”
— Brooke Goldstein, founder and Executive Director of The Lawfare Project
We are proud to announce a significant victory in a defamation lawsuit advanced by our client, Shai DeLuca, against Foodbenders and its proprietor, Kimberly Hawkins. The Lawfare Project was joined by attorneys David Elmaleh and Aaron Rosenberg of RE-LAW LLP in Toronto in this action before the Ontario Superior Court of Justice.
In this groundbreaking case, Mr. DeLuca, a television personality and proud veteran of the Israeli Defense Forces (IDF), filed suit after he was maliciously called a “terrorist” and a “killer” for the sole reason that he proudly served in the IDF.
Following over three years of high-conflict litigation in Toronto, and after a full, contested trial, the Court released a detailed decision on December 22, 2023, ruling that Foodbenders maliciously and unfairly defamed Mr. DeLuca without justification. Notwithstanding that certain Instagram posts were up for no more than 24 hours, the Court ordered the Defendants to pay $75,000 in general and aggravated damages and $10,000 in punitive damages, and also granted a permanent injunction.
As the trial judge aptly put it in awarding punitive damages, “These kinds of statements not only affect people’s reputations, but they also contribute to prejudice, antisemitism and intolerance and have the potential to incite violence.”
David Elmaleh, lead counsel on behalf of Mr. DeLuca, said, “The men and women in the IDF devote some of the best years of their lives to defending the democratic Jewish State of Israel and protecting Her citizens – often under dangerous and life-threatening circumstances. It is imperative that their reputations are protected when they enter the workforce, particularly internationally. We will continue to advocate strongly on behalf of Israelis, Jews, Zionists and IDF soldiers. We are fighting a global war for our values, our people and our homeland and we will win.”
This was not just a victory for Shai DeLuca, but for all Jewish Canadians, who can avail themselves of this ruling and The Lawfare Project's help, and seek justice when their legal rights are violated. We are proud to support Shai DeLuca and the Jewish community in our common fight to uphold our legal rights around the world.