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The court dismissed a PPPA anti-SLAPP application in a defamation dispute over Facebook posts about the Stave Gardens Community Association.
Appeal allowed because the motion judge applied too exacting a standard on s.137.1(4)(a); Subway demonstrated there is a basis in the record to conclude the responsible communication defence did not tend to weigh more in CBC’s favour at this stage, and on s.137.1(4)(b) the public interest in permitting the defamation action to proceed (given likely significant reputational and economic harm and absence of evidence of SLAPP indicia) outweighs the public interest in protecting the expression; the dismissal and associated costs order were set aside and the action may proceed against CBC and name…
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