Ontario’s Anti-SLAPP legislation (ss 137.1 to 137.5 of the
Courts of Justice Act) provides a
judicial screening device. It is designed to swiftly eliminate
claims that unduly limit freedom of expression on matters of public
interest. Since coming into force, courts have considered, at
length, the substantive issues. To date, little guidance has been
provided on the procedural issues.
An important question, on which judges of the Superior Court
have diverged, asks when an anti-SLAPP motion must be
heard. The Court of Appeal for Ontario recently released a decision
that has procedural implications. In Amorosi v Barker, the appellant
argued that the 60-day timeframe in s 137.2(2) (the Anti-SLAPP
motion “shall be heard” within 60 days) prevented an
adjournment of the motion to permit cross-examination on an
affidavit. The Court of Appeal rejected this interpretation. It was
sufficient for the motion to be “returnable” within 60
days of its filing. The motion judge did
