Political Strategist's Defamation Action Survives Anti-SLAPP Motion

Political issues often stir passionate debate. Indeed, one side can spend a lifetime shouting at the top of their lungs advocating positions that the other side will spend an equal lifetime shouting at the top of their lungs to oppose. However, when the shouting becomes targeted at the reputation of others, issues in the political arena may be drawn into the judicial arena when the person whose reputation is harmed seeks damages for reputational loss by commencing a defamation action. In Ontario, the defendant can bring an anti-SLAPP motion under section 137.1 of the Courts of Justice Act ("CJA") to seek the early dismissal of this kind of action because such a claim will likely involve matters of a public interest. However, not every anti-SLAPP motion will be successful even though it involves political issues.