Guide to the Law and Practice of Anti-SLAPP Proceedings

- Publisher:
- Irwin Law Inc.
- Publication date:
- 2022-06-13
- Authors:
-
David A. Potts
Erin Stoik - ISBN:
- 9781552216330
Description:
The anti-SLAPP legislation, more formally known as section 137.1 of the Courts of Justice Act in Ontario and the Protection of Public Participation Act in British Columbia, is arguably the most influential development in Canadian defamation law in the last fifty years, aside from the advent of the internet. It appears simple in theory. It is not simple in practice. It was intended to be straightforward, swift, and inexpensive. It has become protracted, complex, and costly. Written primarily for judges and lawyers in Ontario and British Columbia who are faced with anti-SLAPP proceedings, this text presents a detailed and comprehensive analysis of anti-SLAPP legislation and proceedings
Preliminary sections
Part II. The Legislation and Its Objectives
Part III. Preliminary Considerations
Part IV. The Threshold Burden on the Defendant
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 VIII. Procedural Rules
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