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The court granted the defendant anonymity and a sealing order pending trial, finding publicity would seriously harm his reputation, dignity, and well-being.
The motion judge erred by failing to conduct the mandatory s.137.1(4)(a) analysis and by applying too strict a standard for inferring harm under s.137.1(4)(b) while also assuming the expression's high value without analysis; the appropriate remedy is to set aside the dismissal and costs order and remit the anti-SLAPP motion for rehearing before a different judge so the required assessments and balancing can be undertaken.
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