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ARTICLE · 26 APRIL 2023

Expanding Our Understanding Of "Public Participation" In The Anti-SLAPP Analysis

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In the most recent word from the Court of Appeal for Ontario on the "anti-SLAPP" provisions of section 137.1 of Ontario's Courts of Justice Act, Ontario's top court confirmed...

CanadaLitigation, Mediation & Arbitration
Jacob Damstra
Jacob Damstra
Zachary Grace
Zachary Grace
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In the most recent word from the Court of Appeal for Ontario on the "anti-SLAPP" provisions of section 137.1 of Ontario's Courts of Justice Act, Ontario's top court confirmed that commencing a lawsuit by filing a statement of claim may constitute "public participation." Accordingly, an oppressive and exaggerated counterclaim may amount to a "strategic lawsuit against public participation" ("SLAPP").

In Boyer v. Callidus Capital Corporation 2023 ONCA 233, the Court of Appeal dismissed an employer's $150 million counterclaim against a former employee, emphasizing the need to take a broad and liberal approach to the anti-SLAPP analysis. Courts must avoid an overly technical approach; instead, they should scrutinize each case to determine whether, at its core, a claim is designed to limit a person's expression on matters of public interest.

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