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ARTICLE · 12 NOVEMBER 2012

Ontario Court Imposes Sanction On SLAPP Plaintiff

The Ontario Superior Court of Justice has for the first time imposed sanctions on a plaintiff for commencing an action found to be a SLAPP case.

CanadaLitigation, Mediation & Arbitration

The Ontario Superior Court of Justice has for the first time imposed sanctions on a plaintiff for commencing an action found to be a SLAPP case.

The acronym SLAPP stands for 'Strategic Litigation Against Public Participation'. It refers to litigation without substantial legal merit that is brought against citizens or groups in order to silence their opposition to the plaintiff on matters of public interest, and deter by example others who might voice opposition to the plaintiff on public interest issues.

In Morris v. Johnson,1 the plaintiff was the mayor of an Ontario town. She claimed she had been libelled by anonymous postings on an Internet forum for speech on local municipal politics. At the time of the postings the plaintiff was engaged in a re-election campaign. The plaintiff sued two individuals who she alleged were moderators of the website. She proceeded against the named defendants on the basis that they had either exercised control over the publication

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