SLAPP Fight!

SLAPP in a Nutshell

In November 2015, the Protection of Public Participation Act became law in Ontario and gave defendants a tool to quickly dispose of a SLAPP lawsuit. Strategic Lawsuits Against Public Participation (“SLAPP”) lawsuits are those brought for ulterior motives, namely to silence and/or financially punish critics who are expressing themselves in matters of public importance.

Ontario Court of Appeal's Six Decisions

“Litigation can be a potent weapon in the hands of the rich and powerful.”

Ontario Court of Appeal

On August 30, 2018, the Ontario Court of Appeal released six decisions involving Ontario's anti-SLAPP legislation. The six appeals were heard together. These decisions present a roadmap of the ambit of the new anti-SLAPP law.1

Detailed Discussion of the Six Cases

1. 1704604 Ontario Ltd. v. Pointes Protection Association, 2018 ONCA 685.

   170 Ontario Ltd. is a developer. Pointes Protection Association is a not-for-profit corporation created in order to oppose a 170 Ontario Ltd. development project. Both parties entered into a contract whereby Pointes agreed to not bring legal action in opposition to the project.

   Subsequent to this contract, Pointes participated in an Ontario Municipal Board hearing and spoke against the 170 Ontario project. The project was denied by the Board, partly based on Pointes' testimony. 170 Ontario commenced an action against Pointes for breach of contract.

   Pointes brought SLAPP motion. In the original action, the SLAPP motion was denied. That order was overturned on this appeal. The Court of Appeal found that the contract did not prevent Pointes from speaking out against the development at the Board. The action for breach of contract was a SLAPP.

2. Able Translations Ltd. v. Express International Translations Inc., 2018 ONCA 690.

   Able is a large company that provides translation and other language services. Express is a small company in the same business. One principal of Express made a series of online posts about Able. One Facebook post was highly critical of a political candidate who had previously been an executive at Able. The criticism focused on the candidate's relationship to Able.

   Able commenced an action against Express for defamation. Express brought a SLAPP motion. In the original action, the SLAPP motion was granted and the entire action was dismissed. This order was upheld on appeal. Despite the fact that the communication was critical of Able, it was protected because it was primarily aimed at the candidate, and was thus political speech.

3. Armstrong v. Corus Entertainment Inc., 2018 ONCA 689.

   Armstrong is a city councillor in London, Ontario. Armstrong sought re-election in 2014. There are multiple respondents in this case: Corus Media and four private individuals. One private individual, McSloy, was a candidate against Armstrong.

   During the course of the campaign, McSloy and some of her team members made claims about Armstrong. Corus Media published some of those claims in the course of reporting on the election. Armstrong commenced an action against the respondents for defamation. All respondents brought a SLAPP motion.

   In the original action, the SLAPP motion was denied. That order was overturned on appeal and the entire action was dismissed. The Court found that Armstrong's lawsuit was a SLAPP. The Court of Appeal placed great weight on the fact that the communication was in the context of a political election.

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