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Good evening.

There were five substantive civil decisions released by the Court of Appeal for Ontario this week.  In two of them, the Court continued to provide guidance on the “valid defence” analysis to be undertaken pursuant to the Anti-SLAPP provisions of section 137.1 of the Courts of Justice Act.

In Lascaris v B’nai Brith Canada, 2019 ONCA 163, the Court clarified that on a motion to dismiss under s. 137.1 of the Courts of Justice Act, the responding party’s burden under s. 137.1(4)(a)(ii) is to show that it is possible that a defence would not succeed as opposed to showing that a defence has no hope of success.  In applying this standard, the Court reversed the motion judge’s dismissal of the defamation action. Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (MARCH 4 – 8, 2019)