N.S. woman ordered to pay $60K to former nurse for online defamation

Blair Rhodes · CBC News

· Posted: Mar 12, 2025 7:32 PM EDT | Last Updated: 8 minutes ago

The parent of a severely disabled Nova Scotia antheral has been ordered to wage a erstwhile caregiver $60,000 successful damages for defamatory online posts that a justice says were aimed astatine destroying the nurse's reputation.

In the aforesaid ruling, Nova Scotia Supreme Court Justice Denise Boudreau was highly captious of a authorities probe and study that was the ground of the Facebook posts, calling it devoid of methodology oregon procedural fairness to the grade of being "entirely inconclusive." 

"The plaintiff is simply a nurse, she was defamed by the suspect and labelled an 'abuser' of a susceptible idiosyncratic successful her care," wrote Boudreau successful her ruling, released earlier this month.

"There is nary grounds earlier maine that the plaintiff mistreated MM oregon anyone else. The proposition that she did was untrue and unfair. These events caused harm to the plaintiff's estimation and caused her a large woody of upset, suffering and anguish. The defendant, adjacent today, refuses to apologize oregon adjacent admit that her actions were unfair and harmed the plaintiff."

The ruling stems from a September 2016 incident and involves a diligent astatine Emerald Hall astatine the Nova Scotia Hospital successful Dartmouth, N.S. The tribunal ruling besides paints a grim representation of conditions astatine the hallway astatine the clip of the incident.

Matthew Meisner is autistic and has a temper upset and, according to tribunal records, could beryllium convulsive and unpredictable. On the evening of Sept. 2, 2016, helium became disruptive. There was lone 1 caregiver moving successful the hallway that night, with 1 different employee. There were 15 patients. 

At 1 point, Meisner flung feces astatine the nurse, hitting her successful the head. With the assistance of the different worker and 2 information guards, Meisner was placed successful a restraint chair, wherever helium remained until the greeting displacement arrived astatine the hospital. According to Boudreau's decision, Meisner began spitting connected radical astatine that constituent truthful a manus towel was draped implicit the helmet that Meisner wore to support him from self-harm.

A write-up of the incidental mistakenly identified the manus towel arsenic a pillowcase, and a manager who spoke to Meisner's parent the time aft the incidental provided her with that incorrect information.

Social media run against nurse

Tracey Meisner repeated that assertion successful media interviews implicit the pursuing days and weeks.

"While the plaintiff knew this allegation was untrue, arsenic a caregiver she was forbidden from discussing the attraction of immoderate diligent with 3rd parties," wrote Boudreau. "As a result, she was incapable to publically defend herself."

Meisner also repeated the assertion that the caregiver was overheard questioning whether Matthew Meisner's excrement was "retarded." The caregiver testified that she really questioned whether it was "infected," fixed that she'd been struck successful the broadside of the head. She besides denied she made the remark wherever the diligent could perceive her.

In November, the plaintiff saw pictures of herself connected Meisner's Facebook page, accompanied by captions naming her arsenic an abuser and comparing her to a kid molester. The posts were seen by "numerous people," according to the ruling, and the plaintiff was repeatedly contacted by media for a effect to the allegations. She was "extremely upset," contacted police and took a stress-related permission from work. 

Boudreau wrote that it's understandable that Tracey Meisner was upset by what she had been told, even though it was incorrect.

"None of this gave the suspect licence to unfairly and harshly azygous retired the plaintiff, place her successful a nationalist forum, and undertake a run to destruct her reputation," the judge wrote.

"The defendant's Facebook postings were not, and could not, beryllium described arsenic 'fair comment'."

Flawed investigation

Nova Scotia Health won't remark connected this circumstantial case, citing diligent confidentiality. But the authorization says erstwhile it receives a ailment astir imaginable diligent abuse, it is obliged to study it to the Department of Health and Wellness, which assigned 1 of its ain investigators.

That researcher was Joanne Blight. Boudreau was highly captious of her work, which led to some a preliminary and last study into the incident.

"The study provided minimal (or adjacent a full lack of) 'fact-checking'; to beryllium blunt, 1 wonders if immoderate of the identified 'facts' were really lone rumours astir the event," wrote the judge. "No root individuals oregon materials were identified successful the report; it contained nary identified methodology which could beryllium assessed … successful my view, the Blight Report is entirely inconclusive."

Boudreau noted that despite testifying successful defence of the report, Blight "had large trouble justifying" it and became rather defensive.

"Perhaps she herself recognized, portion being questioned, that her 'report' was earnestly lacking," wrote the judge.

Tracey Meisner based her societal media attacks connected the caregiver connected the findings successful Blight's report.

'Truly unfortunate' case

Testifying astatine the trial, the caregiver described the toll this took connected her arsenic radical would constituent astatine her and susurration astir her erstwhile she went retired successful public. She developed PTSD arsenic a result.

Boudreau noted that the Nova Scotia College of Nursing conducted its ain probe into the incident and exonerated her.

No 1 from Nova Scotia Health was disposable for an interrogation astir the case. However, successful a connection to CBC News, a spokesperson said the enactment had conducted its ain extended reappraisal of practices astatine Emerald Hall anterior to the 2016 incidental and changes were introduced successful 2019.

Now, lone those who genuinely request it are admitted to the facility. If a lawsuit is not successful an acute signifier of their illness, the argumentation is to supply their attraction successful the community. The fig of beds has been reduced from 19 to 9 and staffing levels person been increased.

Emerald Hall is present known arsenic the big neurodevelopmental stabilization unit.

Boudreau summarized the lawsuit arsenic "truly unfortunate."

"The events of September 3, 2016, astatine Emerald Hall were unpleasant and upsetting. Subsequently, the suspect was fixed incomplete and inaccurate accusation astir the situation. Given what she was told, coupled with her different concerns, she was understandably upset," wrote the judge.

"It is genuinely unfortunate that the suspect has refused to judge that her earlier assumptions oregon beliefs astir the events of September 3 whitethorn person been based connected inaccurate oregon incomplete information. Most unfortunate of all, the suspect seems wholly incapable to recognize oregon admit that her actions person been the origin of harm to the plaintiff."