July 4th, 2018

Clarifying Limits Of S. 137 ‘Anti-SLAPP’

Superior Court of Justice issues ruling clarifying limits of s. 137 ‘Anti-SLAPP’ and approves defamation action based on hate speech for trial.

In a ruling released on June 20, the Superior Court of Justice dismissed the defendant, Rananedra Bannerjee’s, motion to dismiss a defamation action based on hate speech broadcast on the internet. The Court held that the defendants’ videotaped and broadcast comments about the plaintiff were hate speech which did not attract the public interest requirement of s. 137 and allowed the action to proceed to trial. The ruling also provided clarity regarding the issue of ‘embedding’ hateful or defamatory comments within a larger narrative that may have public interest components in it. The decision can be read here:   http://canlii.ca/t/hsm3j