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1 Mar

Allegedly defamatory Tweets about medical doctor dismissed as “fair comment” under Anti-SLAPP legislation (Gill v. Maciver)

Friday, March 1, 2024James R.G. CookLitigationDefamation, Anti-SLAPP

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In Gill v. Maciver, 2024 ONCA 126 (CanLII), the Court of Appeal for Ontario upheld the dismissal of an action brought by a... 

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26 Feb

Defamation action against family members of nursing home resident dismissed (Fiddick Nursing Home Ltd. v. Moore)

Monday, February 26, 2024Stephen A. ThieleLitigationTorts, Defamation, Anti-SLAPP, Dismissal of Action

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The COVID-19 pandemic resulted in a lot of media coverage about the care provided to seniors in nursing homes. Seniors were...

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29 Nov

Court blasts school board chairman for undemocratic attempt to curtail freedom of expression (Burjoski v. Waterloo Region District School Board)

Wednesday, November 29, 2023James R.G. Cook, Isabel YooLitigationAnti-SLAPP, Anti-SLAPP Legislation, Defamation

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Anti-SLAPP motions continue to reflect the conflicts that may arise over the freedom of the public to express opinions on ...

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31 Jul

A review of the test for anti-SLAPP motions (Yates v. Iron Horse Corporation and St. Martin)

Monday, July 31, 2023Isabel YooLitigationTorts, Defamation, Anti-SLAPP

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The acronym “SLAPP” is short for “strategic lawsuits against public participation”. These are tools used to intimidate or silence criticism by engaging the critic with...

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12 Jun

“Chilling effect” on a plaintiff or others not grounds for harm on an anti-SLAPP motion

Monday, June 12, 2023Stephen A. Thiele, Michael LauricellaLitigationTorts, Defamation, Anti-SLAPP

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Since 2020, two Supreme Court of Canada cases have guided the analysis of anti-SLAPP motions in Ontario and...

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12 Jun

Realtor’s action for invasion of privacy and conspiracy dismissed under Anti-SLAPP law (Riopelle v. Riopelle)

Monday, June 12, 2023James R.G. CookLitigationAnti-SLAPP, Courts of Justice Act, Real Estate

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Court decisions continue to show that Ontario’s “Anti-SLAPP” legislation may be used to dismiss claims that are not limited to...

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10 Apr

Counterclaim for breach of fiduciary duty in wrongful dismissal action dismissed under anti-SLAPP legislation

Monday, April 10, 2023James R.G. CookLitigationCourts of Justice Act, Anti-SLAPP, Defamation

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While defamation lawsuits continue to receive the most judicial attention under Ontario’s anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation, the statutory remedy has also proven...

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13 Feb

Former Chamber of Commerce employee's defamation action allowed to continue

Monday, February 13, 2023Stephen A. ThieleLitigationTorts, Anti-SLAPP, Defamation, Motion Dismissed

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Although section 137.1 of the Courts of Justice Act (the “CJA”), the “anti-SLAPP provision”, has become a powerful tool to dismiss defamation actions at an early stage, there is certainly no guarantee that its use will always be...

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16 Jan

Freedom of expression prevails in responses to COVID-19 protest organizers’ defamation action

Monday, January 16, 2023Stephen A. ThieleLitigationTorts, Anti-SLAPP, Defamation

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March 2020 will live in our memories forever. It is the month that, among other things, the world panicked, that governments issued emergency orders to shutdown...

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2 Dec

Anti-SLAPP motion fails to stop Canadian Tire’s claim against alleged perpetrators of fraudulent after-sales service program

Friday, December 2, 2022James R.G. CookLitigationFraud, Courts of Justice Act, Anti-SLAPP

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Motions under section 137.1 of the Ontario Courts of Justice Act (CJA) are typically brought to dismiss defamation claims involving expressions on matters of public interest. However, while the...

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14 Jul

Losing an anti-SLAPP motion can be costly for a plaintiff

Thursday, July 14, 2022Stephen A. ThieleLitigationCosts, Defamation, Torts, Anti-SLAPP

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The issue of costs is important for parties to take into consideration when litigating a case. Presumptively, winning parties are entitled to...

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10 Jun

City politicians succeed in getting defamation claim against them dismissed

Friday, June 10, 2022Stephen A. ThieleLitigationDefamation, Torts, Anti-SLAPP

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Politics can be a rough profession, particularly where the issues being debated attract diametrically opposed views. Some social issues often bleed into...

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28 Jan

Jurisdictional Door on the Small Claims Court Slammed Shut for Anti-SLAPP Motions

Friday, January 28, 2022Stephen A. Thiele, Gavin J. Tighe, K.C., Daria RisteskaLitigationAnti-SLAPP Legislation, Anti-SLAPP

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Anti-SLAPP or section 137.1 of the Courts of Justice Act (“CJA”) motions for the early dismissal of claims involving issues arising from an expression related to ...

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