"Subway's strips and oven roasted chicken could be only
about 50% chicken. And guess what? The rest – mostly
soy".
These words sparked a $210 million defamation lawsuit by Subway
against the Canadian Broadcast Corporation ("CBC") and
Trent University.
CBC argued that the lawsuit amounted to a Strategic Litigation
Against Public Participation ("SLAPP") suit.
Justice Morgan of the Ontario Superior Court of Justice agreed
with CBC in Subway v. CBC, 2019 ONSC 6758, and dismissed
the claim against CBC.
Two-Part Test
Section 137.1 of the Ontario Courts of Justice Act is
an anti-SLAPP provision designed to protect free expression in the
face of a libel or similar action aimed at matters of public
interest.
