No Reasonable Cause Of Action For Alleged Defamation Protected By Absolute Privilege (Lopinski v. Raji)

Regular followers of my blogs will probably have recognized that they often feature defamation cases and decisions rendered on anti-SLAPP motions. An anti-SLAPP motion (available in Ontario under section 137.1 of the Courts of Justice Act and in British Columbia under the Protection of Public Participation Act, SBC 2019) provides a defendant with the opportunity to have a plaintiff's action dismissed at an early stage of the proceedings. However, there are other procedural rules which permit a defendant to achieve the early dismissal of a defamation action. Accordingly, particularly in those provinces that do not have anti-SLAPP legislation, and even in Ontario and British Columbia, it is important for a defendant to know which rules can be used to achieve the early dismissal of a plaintiff's defamation action without the need to incur potentially significant costs defending it.