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ARTICLE · 07 JUNE 2023

Real Estate Agent's Defamation Claim Survives Anti-SLAPP Motion

Gardiner Roberts LLP
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The Plaintiff, Niu, was a well-known, Chinese-speaking, real estate agent in Oakville, Ontario, with a base of Chinese-speaking clientele.

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
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In Niu v. Cao, 2020 ONSC 5407 (CanLII), an Ontario real estate agent was permitted to proceed with a defamation claim stemming from online postings maligning her professional reputation. The decision was released on the same day as two decisions by the Supreme Court of Canada involving Ontario's anti-SLAPP legislation which addressed the underlying legal test at issue in the case: 1704604 Ontario Ltd. v. Pointes Protection Association,2020 SCC 22 (CanLII); Bent v. Platnick, 2020 SCC 23 (CanLII).

The Plaintiff, Niu, was a well-known, Chinese-speaking, real estate agent in Oakville, Ontario, with a base of Chinese-speaking clientele. The Defendant, Cao, had used Niu's services to find and purchase a home. A sore point arose between Cao and Niu over whether wire shelving in the home ought to have been included. Niu discounted her commission and offered to assist Cao with the installation of new wire shelving. Cao sold the home some four years later.

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