SNAILS DJ AllegationsCourt Findings · Complete Legal Record

Case: Durand v Higgins, 2024 ABKB 108  ·  Docket: 2103 18238

Court: Court of King's Bench of Alberta  ·  Justice: N.E. Devlin  ·  Judgment: February 26, 2024

Plaintiff: Frédérik Durand (DJ SNAILS)  |  Defendant: Michaela Higgins aka Caeli La (@evidenceagainstnails)

Result: Summary judgment granted in full in favor of SNAILS. Damages: $1.5 million CAD. Permanent injunction issued.

Court findings: Justice Devlin found that Higgins acted with malice and reckless disregard for the truth. The judgment found that she repeatedly ignored contradictory information and described her stated motive as a “career-destroying campaign against a total stranger.” It identified an “intentionally, demonstrably false attack,” found other allegations contradicted by messages and records created at the time, and found many allegations, including the most serious, likely false or at minimum unreliable.

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SNAILS Lawsuit Explained — Part 1
1

What was the SNAILS lawsuit about?

I sued Michaela Higgins for her reckless and malicious amplification of false and defamatory claims using an Instagram page. She reposted allegations that were anonymous, second-hand, or even proven false without any effort to verify their accuracy.

She intentionally omitted evidence and ignored contradictory information — including the fact that alleged victims had publicly denied the allegations and disputed the claims made on social media.

I want to make it clear that I have never met Michaela Higgins, and she does not know me. Despite that, she harassed and tagged promoters in Canada, painting me as a serial abuser on the basis of false and unreliable sources — which led to the cancellation of two of my shows in Alberta.

Court of King's Bench — Justice Devlin [para 1]

The Instagram Account was operated by Michaela Higgins, who lives in California. She has never met Mr. Durand and does not appear to have any first-hand knowledge of any of the allegations she republished.

Justice Devlin [para 11]

All the material posted on the Instagram Account was second or third-hand, consisting of reposts. All the material was aimed at branding Mr. Durand a criminal and sexual predator. An obvious collateral purpose of the Instagram Account was to "cancel" Mr. Durand, frequently tagging his agent, producers, and venues where he was to perform.

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SNAILS Lawsuit Explained — Part 2














Court record

SNAILS LAWSUIT EXPLAINED

Book cover titled 'Snails Lawsuit Explained Questions & Answers Part 1' with black and white design.
Evidence page 1 of 34

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Court record

Frequently asked questions

Court-backed answers about the false SNAILS allegations and Durand v Higgins, 2024 ABKB 108.

Were the allegations against DJ SNAILS false?

Yes. The allegations against DJ SNAILS were false. The record includes direct corrections from women connected to the allegations, ten affidavits, dated messages, and explicit findings of falsity.

Women connected to the allegations publicly contradicted and corrected the accusations. Some confirmed that encounters were consensual. One clarified that a post being used against SNAILS concerned a different DJ and that she had never met SNAILS. Others offered to support him in court.

Review the women's corrections

Other allegations were contradicted by messages sent at the time, including records describing consensual encounters and conversations that differed materially from what was later claimed online.

Review the messages and posts

SNAILS submitted ten affidavits addressing the allegations. Justice Devlin identified one repost as an “intentionally, demonstrably false attack” and found that Higgins acted with malice and reckless disregard for the truth. This conclusion does not depend on simply believing SNAILS. Women connected to the claims corrected the public story, dated records contradicted other allegations, sworn evidence was submitted, and the written judgment recorded explicit findings of falsity. (paras. 76, 88 to 89, 131 to 133)

What did the court find about Michaela Higgins and @evidenceagainstnails?

The court found that Michaela Higgins operated @evidenceagainstnails and acted with malice and reckless disregard for the truth. Justice Devlin found that she repeatedly ignored contradictory material and actively published allegations she knew or ought to have known were not about Durand because of her personal animus toward him. (paras. 131 to 132)

Read the court's finding of malice
Was the SNAILS judgment a default judgment?

No. The SNAILS judgment was not a default judgment. Higgins filed a defence, appeared at case management, received the complete evidentiary record, and had every opportunity to challenge it. She then filed nothing in response, submitted no counter-evidence, did not cross-examine the affidavits, and chose not to attend the final hearing despite receiving Webex links. Justice Devlin reviewed the record and granted summary judgment. He wrote that her wilful failure to participate did not undermine the record and that litigants make tactical choices at their own risk. (paras. 6, 57 to 58)

Read the summary-judgment record
What evidence supported the SNAILS judgment?

The SNAILS judgment was supported by between 700 and 800 pages of evidence across ten affidavits, dated messages, public corrections, and Higgins's own posts. Women connected to the allegations came forward to defend SNAILS and correct the public record. One publicly said the allegation was false, confirmed the encounter was consensual, and offered to support him in court. Another said the post Higgins used concerned a different DJ and that she had never met SNAILS. Higgins received the full evidence binder. In her Instagram Story, she laughed at the amount of evidence and called it “a waste of paper.” She then filed zero pages of counter-evidence and cross-examined none of the affidavits. Justice Devlin reviewed the record and granted summary judgment. (paras. 57, 76, 88 to 89)

Read the evidence binder record
Why did the court award SNAILS $1.5 million?

The court awarded SNAILS $1.5 million because Higgins pursued a malicious campaign built on false and defamatory allegations against a total stranger. Justice Devlin found that Higgins acted with malice and reckless disregard for the truth, intentionally ignored contradictory evidence, and published allegations she knew or ought to have known were not about Durand. The court found that this campaign caused his career decimation. The award included $1 million CAD in special damages, $350,000 in general damages, and $150,000 in aggravated damages for conduct the court found high handed, spiteful, and malicious. The court also issued a permanent injunction. (paras. 131 to 132, 147 to 164)

Read the damages and malice findings
Who ran @evidenceagainstnails?

Michaela Higgins, also known as Caeli La, ran @evidenceagainstnails. The judgment states that she had never met Durand and had no first-hand knowledge of the allegations she republished.

Read the court record
Why was Higgins liable for reposting false SNAILS allegations?

Higgins was liable for reposting false SNAILS allegations because the court applied the repetition rule. A person who repeats or reposts a defamatory statement can be liable to the same extent as the original publisher. Higgins organized and republished the allegations through @evidenceagainstnails and targeted SNAILS' promoters and venues. (paras. 70 to 71)

Read the republication finding
Where can I read Durand v Higgins, 2024 ABKB 108?

The full public judgment is Durand v Higgins, 2024 ABKB 108, decided by Justice N.E. Devlin of the Alberta Court of King's Bench on February 26, 2024. It is available directly from CanLII.

Read the judgment on CanLII
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