Commencement of an Anti-SLAPP Motion -Section 137.2(1)

• Author: David A. Potts; Erin Stoik
• Pages: 398-411

398

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Commencement of an Anti-SLAPP Motion—

Section 137.2(1)

A defendant may bring an anti-SLAPP motion at any time after the proceed-

ing has commenced.

LEGISLATION

Courts of Justice Act, RSO 1990, c C.43:

Commencement

137.2 (1) A motion to dismiss a proceeding under section 137.1 shall be made in

accordance with the rules of court, subject to the rules set out in this section,

and may be made at any time after the proceeding has commenced.

CASELAW

Supreme Court of Canada

1704604 Ontario Ltd v Pointes Protection Association, 2020 SCC 22 at para 36:

[36] The words “grounds to believe” plainly refer to the existence of a basis or

source (i.e., “grounds”) for reaching a belief or conclusion that the legislated

criteria have been met. In the context of a s. 137.1 motion, that basis or source

must be anchored in the nature of the procedure and record contemplated

by the legislative scheme. It must be borne in mind that a s. 137.1 motion can

be brought at “any time” after a proceeding has commenced (see s. 137.2(1)).