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The Ontario Court of Appeal upheld dismissal of Sheridan Retail’s action under Ontario’s anti-SLAPP law, but reduced the motion costs award from $156,394.54 to $75,000.
The Ontario Court of Appeal held that a confidential complaint to church authorities could meet the public-interest threshold for an anti-SLAPP motion and remitted the matter.
The Court of Appeal dismissed the appeal, holding the motion judge did not err in finding Kahu had provided evidence from which harm and causation could be inferred, and did not err in the weighing exercise under s.137.1(4)(b); the motion judge permissibly considered the overlap between litigation and publication, strategic motive, and the ongoing litigation consequences, and properly awarded partial indemnity costs to Kahu.
Source excerpt
The Court dismissed the appeal because the motion judge correctly applied s.137.1: she found the impugned expressions related to matters of public interest, concluded the respondents demonstrated a prospect of success and that the appellants' defences could realistically be rejected on the record, and properly performed the final weighing exercise under s.137.1(4)(b) giving appropriate weight to reputational harm; no reviewable legal or palpable factual error was identified, and the question of absolute privilege was properly left for trial rather than decided on the motion.
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