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ARTICLE · 09 AUGUST 2022

Richmond Hill Councillor's Lawsuit Is SLAPPed

Gardiner Roberts LLP
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An action that arises out of an expression on a matter of public interest is vulnerable to a motion for dismissal under section 137.1 of the Courts of Justice Act (the "CJA").

CanadaLitigation, Mediation & Arbitration
Stephen Thiele
Stephen Thiele
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An action that arises out of an expression on a matter of public interest is vulnerable to a motion for dismissal under section 137.1 of the Courts of Justice Act (the "CJA"). Actions against elected officials appear to be particularly vulnerable to this anti-SLAPP provision. Recently, a number of claims brought against politicians have been dismissed under this provision. However, politicians are not necessarily only defendants in actions involving an expression on a matter of public interest. They can also be plaintiffs.

As shown in Cilevitz v. Bergman, 2022 ONSC 4478 (not yet on CanLII), the fact that a politician is a plaintiff does not make them any less vulnerable to a successful motion under section 137.1.

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