Guide to the Law and Practice of Anti-SLAPP Proceedings

Preliminary sections

• Preliminary Sections
• Advance praise
• Dedication to the Honourable Dennis Lane QC
• Acknowledgements
• Preface

Part I. Background and Context

• Introduction
• Summary of Defamation Law
• Libel and Defamation in the Age of the Internet
• Campaigns of Vilification and Defamation
• Defamation Damages
• Contempt of Court Proceedings

Part II. The Legislation and Its Objectives

• Legislative Background to Anti-SLAPP Proceedings
• Statutory Interpretation of the Legislation
• Judicial Screening
• Objectives of the Legislation

Part III. Preliminary Considerations

• Jurisdiction
• Forms of Expression and Platforms of Publication

Part IV. The Threshold Burden on the Defendant

• Public Interest: Legislation and Caselaw
• Matters Related to the Public Interest - Section 137.1(3)

Part V. The Merits Hurdle

• Legislation and Caselaw
• The Claim Must Have Substantial Merit
• No Valid Defence - Section 137.1(4)(a)(ii)
• The Defence of Justification
• The Defence of Fair Comment
• The Defence of Qualified Privilege
• The Defence of Responsible Communication
• Malice

Part VI. The Public Interest Hurdle

• Proof of Harm in Anti-SLAPP Proceedings: General Principles
• Detailed Examination of the Factors
• Evidence of Harm: Financial, Reputational, Emotional
• Causation of Harm
• Actions That Proceeded to Trial and Actions That Were Dismissed
• Determining Whether a Proceeding Is a SLAPP Action
• The Weighing of Public Interest

Part VII. Costs and Damages

• Costs on Dismissal of Proceedings: Section 137.1(7)
• Costs if Motion to Dismiss Is Denied: Section 137.1(8)
• Leave to Appeal Costs
• Damages - Section 137.1(9)
• British Columbia Decisions on Costs

Part VIII. Procedural Rules

• Introduction to Procedural Matters
• No Further Steps in Proceeding - Section 137.1(5)
• No Amendment to Pleadings - Section 137.1(6)
• Commencement of an Anti-SLAPP Motion -Section 137.2(1)
• Motion to Be Heard Within Sixty Days - Section 137.2(2)
• Cross-Examination - Section 137.2(4)?(5)

Part IX. Procedural Issues in Anti-SLAPP Motions

• Applicability of Libel Notice
• Intervenors in Anti-SLAPP Proceedings
• Apologies and Retractions
• Publication Bans
• List of Cases: The Moving Party in an Anti-SLAPP Motion
• List of Cases: Proceedings in which Anti-SLAPP Motions
• List of Cases: The Merits Hurdle and the Public Interest Hurdle
• Annotated Bibliography on Information Warfare
• Table of Cases
• Index
• About the Authors