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ARTICLE · 09 JUNE 2023

Ontario Court Of Appeal Issues Decision In <i>The Catalyst Capital Group Inc. v West Face Capital Inc.</i>

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The Ontario Court of Appeal, following the guidance issued by the Supreme Court of Canada in 1704604 Ontario Ltd. v Pointes Protection Association (Pointes Protection) and Hansman v Neufeld (Neufeld)...

CanadaLitigation, Mediation & Arbitration
Matthew Milne-Smith
Matthew Milne-Smith
Andrew Carlson
Andrew Carlson
Maura O’Sullivan
Maura O’Sullivan
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The Ontario Court of Appeal, following the guidance issued by the Supreme Court of Canada in 1704604 Ontario Ltd. v Pointes Protection Association1 (Pointes Protection) and Hansman v Neufeld2 (Neufeld), has issued its much-anticipated decision in The Catalyst Capital Group Inc. v West Face Capital Inc., 2023 ONCA 381. The decision, released on May 29, 2023, confirms that the traditional hallmarks of a strategic lawsuit against public participation (SLAPP) are an open-ended list that may be relevant to the public interest weighing exercise in an appropriate case.

Key Takeaways

  • Judges are correct to focus on "what is really going on" when evaluating anti-SLAPP motions: Considering the broader context or backdrop of the dispute is not merely recommended, but described by the Ontario Court of Appeal as "essential" and "necessary" where it is relevant to an anti-SLAPP motion. Claims that appear to have a punitive or retributory purpose are apt to be dismissed.

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