Premier Wab Kinew and two NDP MLAs are defending public statements tying a former caucus colleague to convicted sex offender Peter Nygard, arguing in a new court filing that the comments were true and protected by law. Kinew, Seine River MLA Billie Cross and Environment and Climate Change Minister Mike Moyes are denying that comments they made amounted to defamation months after a lawsuit was launched by Mark Wasyliw, the independent MLA for Fort Garry. Wasyliw, first elected in 2019 and a practising criminal defence lawyer, filed the suit in December 2025. He alleges he was defamed around the time of his September 2024 removal from the NDP caucus. The dispute centres on comments the three allegedly made to the media explaining his removal, which came days after Winnipeg fashion mogul Peter Nygard was sentenced to 11 years in prison on sexual assault convictions. One of Wasyliw’s colleagues represented Nygard on the charges. Wasyliw alleges the explanation for the expulsion suggested he lacked integrity and did not hold NDP values. “You can be affiliated with the NDP or you can be affiliated with Peter Nygard, but you can’t do both… that’s the choice that was put to this MLA, and he decided to go with his practice instead of with the team,” reads one line attributed to Kinew in the filings. Kinew later apologized to defence lawyers for the remarks he made. The filing also alleges that a reporter asked Kinew whether he had “lunged at” Wasyliw during a 2019 campaign event and told him to “lie for Wab.” Kinew allegedly answered “No.” “The allegation that the plaintiff, who is both a lawyer and politician, lacks the values necessary to be a member of the NDP, is a liar, is associated with Peter Nygard, a known criminal, and that there is something unseemly or immoral about his practice as a defence lawyer is highly deleterious to his reputation,” reads the lawsuit. “Kinew’s statements are, in their plain and ordinary meaning, defamatory, untrue, and made maliciously with the intent to cause embarrassment,” the filing states, alleging Wasyliw’s image in the community is “catastrophically damaged beyond repair.” The lawsuit also alleges Cross defamed Wasyliw by claiming he might financially benefit from a sexual predator and that he had been abusive to colleagues in raising his voice. It alleges Moyes defamed him by saying he had been deceitful and disrespectful. Moyes, who was caucus chair at the time, had allegedly said Wasyliw showed “a pattern of deceit and disrespect that was harmful to our team” and had admitted to lying “numerous times to numerous people.” ‘Incomplete and lacking context’ In their joint statement of defence, Kinew, Cross and Moyes admit making the statements. But they say the statements were made in the context of media interviews and were, “in some cases, incomplete and lacking context,” not reflecting what they said in their entirety. They also argue the statements are protected by “qualified privilege,” adding that the politicians “had a duty, obligation and/or interest in making the statements to the public,” and that the public had a corresponding interest in receiving them. The statement of defence says Moyes approached Wasyliw with a choice — “either fully commit to the caucus team ... or continue his law practice, which would require him to step away from caucus.” Wasyliw “chose his law practice,” the filing alleges. It also denies Wasyliw’s removal was sudden or without justification. Between when the NDP formed government and when he was ousted, the filing says, “issues involving (Wasyliw) continued within caucus; whether (he) could continue as a supportive and respectful caucus member was an ongoing topic of discussion.” The defence claims Wasyliw had said he would wind down his law practice before the 2023 election. But after he was not appointed to serve as a government cabinet minister, it says he “intended to expand” his practice instead. Public Interest Expression Defence Act The statement of defence also argues the lawsuit should be dismissed under the Public Interest Expression Defence Act, passed into law in Manitoba in November 2025. The law allows courts to toss out lawsuits that target expression on matters of public interest. The defence states that “any harm suffered by the plaintiff ... is not sufficiently serious that the public interest in permitting this proceeding to continue outweighs the public interest in protecting the defendants’ expression.” The defendants further argue Wasyliw’s removal from caucus was “an internal caucus matter” over which the court has no jurisdiction. Any damage to his reputation, they say, stemmed from his own conduct and from media coverage that predated their statements. Wasyliw’s lawsuit seeks general and punitive damages along with a court-ordered apology. It argues the defendants conspired to damage his reputation “with a complete disregard for truth or accuracy.” The lawsuit initially named Minister of Natural Resources and Indigenous Futures Ian Bushie as one of the defendants. A notice of discontinuance filed Aug. 25 shows Wasyliw’s lawyers withdrew the claim against Bushie and an amended statement of claim substituted Moyes in Bushie’s place. None of the allegations in the statement of defence, or in Wasyliw’s original claim, have been tested in court. CTV News has reached out to Wasyliw’s legal counsel for comment.
