SLAPP-Back: Full Indemnity Costs Awarded Under B.C.'s Anti-SLAPP Legislation

Overview

In a recent decision from the Supreme Court of British Columbia (Mawhinney v. Stewart, 2023 BCSC 419), Justice Baker awarded full indemnity costs to the defendant, who successfully brought an application to dismiss the plaintiffs' action for defamation under British Columbia's anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation.

Key takeaway

If an action is dismissed under the Protection of Public Participation Act, S.B.C. 2019, c. 3 (PPPA), a successful defendant should receive costs on a full indemnity basis. That is the starting point, although the court maintains judicial discretion to make a different costs award in appropriate circumstances. In exercising this discretion, the court will consider the intention of the full indemnity starting point, which is to discourage strategic lawsuits against public participation (SLAPP suits).