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Good afternoon,

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario.

This was anti-SLAPP week at the Court of Appeal. In 1704604 Ontario Ltd. v. Pointes Protection Association, the Court of Appeal addressed in detail the Protection of Public Participation Act, 2015, which provides defendants to a lawsuit with the option of a pre-trial motion to dismiss the lawsuit on the basis that it constitutes a Strategic Lawsuit Against Public Participation (SLAPP). In this case, 170604 Ontario Ltd. brought an action against Pointes Protection Association and others for breach of contract stemming from a settlement, which allegedly prohibited Pointes and the other defendants from advancing certain claims in subsequent judicial proceedings. Analyzing both the Act in general and the relevant provisions (mainly s. 137.1), the Court found that the plaintiff failed, on grounds of insufficient merit to its lawsuit and on grounds of public interest, to satisfy the court that its action should continue.  The Court’s detailed analysis of the two-part test under section 137.1 of the Act will invariably inform the case law on this section as it develops. Continue Reading ONTARIO COURT OF APPEAL SUMMARIES (AUGUST 27 – 31, 2018)