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ARTICLE · 25 JANUARY 2022

Defamation Basics And Pre-Trial Disposition Motions

Gardiner Roberts LLP
Gardiner Roberts LLP
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We have written a lot about defamation cases on this blog and the pre-trial disposition of defamation actions under section 137.1 of Ontario's Courts of Justice Act.

CanadaLitigation, Mediation & Arbitration
Stephen Thiele
Stephen Thiele
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We have written a lot about defamation cases on this blog and the pre-trial disposition of defamation actions under section 137.1 of Ontario's Courts of Justice Act. This provision permits an action for damages based on an expression on a matter of public interest to be dismissed at an early stage. However, the Ontario Rules of Civil Procedure also permit the pre-trial disposition of these kinds of actions under either rule 20, the summary judgment rule, or rule 21, the striking of claim on the grounds that it does not disclose a reasonable cause of action rule. Although few Canadian provinces have "anti-SLAPP" provisions, the respective rules of civil procedure in each common law province permit a party to strike a claim that does not disclose a reasonable cause of action or to seek dismissal by way of summary judgment where there is no genuine issue requiring a trial.

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