if the case was in ontario, or probably anywhere else in canada, the complainant just wouldn't have grounds to file and if it made it to court at all it'd get thrown out almost immediately. you can't just sue people for being mean, that's crazy. no duty exists.

yet, such a duty does seem to have been erected in quebec statute, bizarrely - and i think it clearly would infringe on freedom of expression, to the point that it's not constitutional.

but, quebec never signed the constitution, and doesn't consider itself bound by it.

so, who knows what they do.

i would:

1) scratch out 10.1 (& 2, while i'm at it)
2) allow that the statements were discriminatory, but discrimination by private citizens is covered by federal free speech legislation.
3) award $0 in damages to the complainant
4) award costs to the defendant