Test For Anti-SLAPP Motions Reaffirmed By The Ontario Court Of Appeal

The law has struggled to balance the right to freedom of expression ingrained in our Charter of Rights and Freedoms with protecting the public from defamatory statements. In an effort to maintain this balance, the Ontario Legislature put in place s.137.1 of the Courts of Justice Act ("CJA"), which is Ontario's version of anti-SLAPP legislation. SLAPP is an acronym for "Strategic Lawsuit Against Public Participation" and the purpose of the anti-SLAPP legislation is to make it harder to misuse litigation to chill criticism that is in the public interest.

Section 137.1 of the CJA allows a defendant to a defamation suit to expeditiously have the claim dismissed early in the proceedings, but only if they can satisfy a judge that the statements in issue relate to a matter of public interest. Once the defendant...