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ARTICLE · 14 JUNE 2023

"Chilling Effect" On A Plaintiff Or Others Not Grounds For Harm On An Anti-SLAPP Motion

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The case involved two well-known local public figures who had become engaged in a war of words over political views expressed in connection with gender identity and sexual orientation.

CanadaLitigation, Mediation & Arbitration
Stephen Thiele
Stephen Thiele
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Since 2020, two Supreme Court of Canada cases have guided the analysis of anti-SLAPP motions in Ontario and British Columbia: 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22 and Bent v. Platnick, 2020 SCC 23. Although the guidance provided in these cases is clear, the barrage of anti-SLAPP motions that continue to be brought raise new issues that have again required intervention by the highest court in Canada.

In Hansman v. Neufeld, 2023 SCC 14, the Supreme Court of Canada addressed whether a plaintiff could rely on the argument that the dismissal of his action would cause him harm as a result of restricting his freedom of expression and losing the opportunity to sue for damages.

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