MELFORT – A court has ruled in favour of Janice Davis in a cyberbullying and defamation lawsuit against Michelle Syniuk, awarding her $40,000 in damages after a relentless 18-month campaign of online abuse.
Court heard that Syniuk targeted Davis after Davis began a relationship with Syniuk’s ex-husband, Brian. From June 2021 to January 2023, Syniuk bombarded Davis with 89 abusive messages across Facebook, Instagram, emails and texts.
“This was a year and half campaign by Michelle against Janice, not a one-time event,” said Justice R. C. Wempe.
The Melfort Court of King’s Bench ruled in favour of Davis on two of her three claims finding Syniuk liable for intentional infliction of mental suffering and defamation, while dismissing the claim of non-consensual distribution of an intimate image due to insufficient evidence.
The judge determined that Syiuk’s conduct was “flagrant and outrageous,” saying that she admitted in cross-examination to intending to cause harm, wanting Davis to feel “devastated, broken and hurt.”
Additionally, the court found that Syniuk’s false accusations (including claims that Davis was involved in her late husband’s death and had an inappropriate relationship with a minor) had significantly damaged Davis’s reputation in their small community. Davis’s husband, Ken, had suffered a heart attack and passed away on March 17, 2021.
Court heard Davis was forced to move jobs several times and now works in Eastern Canada. Her mental and emotional state were deeply impacted.
“She used to be a social person but is now afraid to go out in public,” wrote Justice Wempe in his June 23 decision. “She is afraid to be seen in public, has difficulty sleeping, feels unsafe, vulnerable, depressed and hopeless.”
The relentless harassment left Davis with severe emotional distress, including anxiety, depression, and social withdrawal.
“The public nature of the messages was exacerbated by the fact that Michelle and Janice resided in a small, rural community where everyone knows everyone,” said Justice Wempe.
Syniuk also wrote “disturbing things” to Davis’s daughter, and expressed “amusement” at Davis’s suffering.
In awarding damages, the court granted Davis $30,000 in general damages for defamation and emotional suffering, plus an additional 10,000 in aggravated damages due to Syniuk’s malicious intent. While punitive damages were considered, the judge ruled that the combined $40,000 penalty was sufficient deterrence. Syniuk was also ordered to pay $6,150 in legal costs.
Despite Syniuk’s cited mental health struggles, the court said that such factors didn’t excuse her actions. Court heard that Syniuk was suffering from depression, anxiety, and mania, for which she was medicated.
In May 2022, the Melfort Provincial Court had issued a 12-month peace bond with conditions that Syniuk have no contact of any kind with Davis, and not refer to Davis in any way, directly or indirectly, using electronic social media.
“It also appears that Michelle is genuinely remorseful and recognizes the inappropriateness of her actions,” said Justice Wempe. “She has apologized and was charged criminally with harassment, which was resolved through a peace bond.”
