The application judge pointed out, at para. 60, that a permanent injunction would have been appropriate if there had been a verdict of defamation or a final judgment in defamation, but there has been none here. She noted that the court will award a permanent injunction after there has been a finding of defamation, as noted in Astley v. Verdun, 2011 ONSC 3651 (CanLII), 106 O.R. (3d) 792, where Chapnik J. wrote, at para. 21: Permanent injunctions have consistently been ordered after findings of defamation where either: (1) there is a likelihood that the defendant will continue to publish defamatory statements despite the finding that he is liable to the plaintiff for defamation; or (2) there is a real possibility that the plaintiff will not receive any compensation, given that enforcement against the defendant of any damage award may not be possible. [Citations omitted.]
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