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

AuthorDavid A. Potts; Erin Stoik
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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.
Courts of Justice Act, RSO 1990, c C.43:
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.
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)).

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