Bernier said that Kinsella's remarks caused significant reputational harm. Kinsella called Bernier a racist, misogynist, and anti-Semite. This occurred prior to the 2019 election.
Bernier further said that these comments made him feel embarrassed and subjected him to a public scandal.
The case was dismissed, however, as the Ontario judge said that Kinsella could probably manage to defend his claims. The judge clearly hasn't read Kinsella's Toronto Sun articles.
Kinsella declared his victory on Twitter, saying "WE WON!"
On top of this, the judge said that the supposed harm caused to Bernier was insignificant compared to the importance of freedom of speech. A keen political observer may note Bernier's shrieking on the topic of freedom of speech.
In a CBC interview, Bernier discussed how "Kinsella said that I said that I was a racist and a Nazi and I'm suing him for discrimination. And I will have that decision and I can tell you that it will be positive in our favour."
Bernier's political party failed to win a single seat in either the 2019 or 2021 federal election, including his own riding of Beauce in Quebec. Bernier won this riding multiple times when he stood as a Conservative before his public resignation.