Introduction
In its recent decision in Solmar Inc. v. Hall, 2026 ONCA 367, the Court of Appeal for Ontario clarified the limits of public-interest expression in anti-SLAPP motions. The Court confirmed that municipal land-use disputes can attract public concern, but that context (or any public interest context) does not shield statements that go beyond fair comment and cause reputational harm.
The Solmar decision reinforces a practical point: speakers may strongly criticize public decisions, developers, and officials, but courts will still assess the words used, the record supporting them, and the harm they may cause.
Background
The dispute arose from a proposal to develop a four-story luxury hotel in a residential and designated heritage district of Niagara-on-the-Lake (“NOTL”). In October 2022, developer and owner of Solmar Inc., Benny Marotta, acquired the property. In February 2023, Solmar applied to amend the Town’s zoning by-laws to permit the hotel development.
