The Ontario Court of Appeal, following the guidance issued by the Supreme Court of Canada in 1704604 Ontario Ltd. v Pointes Protection Association1 (Pointes Protection) and Hansman v.
The Supreme Court of Canada, in commenting on anti-SLAPP legislation for the third time in the span of three years, has confirmed that even potentially meritorious claims must be.
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Four months after the Supreme Court of Canada (SCC)
ruled on the test for Ontario s anti-SLAPP legislation, the
Ontario Court of Appeal (OCA) has released two companion decisions
overturning a motion judge s pre-SCC rulings, and shedding
light on how the SCC s guidance in
1704604 Ontario
Ltd. v. Pointes Protection Association (Pointes) and Platnick v.
Bent (Bent) has refined the anti-SLAPP analysis.
THE LEGISLATION
Sections 137.1-137.5 of the
Courts of Justice Act,
dubbed Ontario s anti-SLAPP legislation because
they are aimed at Strategic Lawsuits Against Public
Participation , allow a defendant to move at any stage in a