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s. 137.1 must avoid getting too deeply into the
ultimate merits of a defamation action and should engage in a
limited analysis.
However in each case, the court took into account the
allegations of the plaintiffs already poor reputations under
the public interest weighing test found in
s. 137.1(4)(b) of the CJA. This section provides that
a judge shall not dismiss a proceeding if satisfied that the
harm likely to be or have been suffered by the responding party as
a result of the moving party s expression is sufficiently
serious that the public interest in permitting the proceeding to
continue outweighs the public interest in protecting that