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ARTICLE · 30 AUGUST 2022

Lawyer's Defamation Action Allowed To Proceed In Small Claims Court

Gardiner Roberts LLP
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Ontario's Small Claims Court is intended to provide litigants with a cost-effective forum for civil claims up to $35,000, including claims for defamation. Defamation claims in the Ontario...

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
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Ontario's Small Claims Court is intended to provide litigants with a cost-effective forum for civil claims up to $35,000, including claims for defamation. Defamation claims in the Ontario Superior Court of Justice can be subject to an "anti-SLAPP" motion under section 137.1 of the Courts of Justice Act. However, the Court of Appeal has determined that anti-SLAPP motions are precluded in the Small Claims Court: Laurentide Kitchens Inc. v. Homestars Inc., 2022 ONCA 48 (CanLII).

In Macdonald v. Feldman, 2022 ONSC 4818 (CanLII), the Superior Court of Justice addressed the issue of whether a party could force the transfer of an action out of the Small Claims Court in order to avail themselves of the section 137.1 motion procedures.

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