Litigants involved in defamation proceedings will be familiar
with anti-SLAPP1 applications, a remedy available
in Ontario to defendants under s. 137.1 of the Courts of
Justice Act (CJA)2 which can result in
an early dismissal of legal proceedings that unduly limit free
expression on matters of public interest. Costs awarded to
successful defendants on these sorts of applications can be
significant – in recent years they have routinely exceeded
$100,000.3
This is because section 137.1(7) of
the CJA provides that the moving party on an
anti-SLAPP application is entitled to “its costs on the
motion and in the proceeding on a full indemnity basis, unless the
judge determines that such an award is not appropriate in the
circumstances.”4 The onus lies with the
plaintiff to prove that anything less is appropriate.
