How a defamation claim survived an anti-SLAPP motion

By James R.G. Cook (May 27, 2024, 2:58 PM EDT) -- Media organizations faced with a defamation action may seek to dismiss a claim by bringing a motion under Ontario’s anti-SLAPP legislation in s. 137.1 of the Courts of Justice Act (CJA). While such motions are generally brought at an early stage of the action and are supposed to be heard no later than 60 days after the notice of motion is filed, they may involve an adjudication of the merits of the claim and the validity of all the defences that would be addressed at trial, as demonstrated by the Ontario Superior Court of Justice’s decision in Kielburger v. Canadaland Inc., 2024 ONSC 2622....