Introduction

• Author: David A. Potts; Erin Stoik
• Pages: 3-4

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Introduction

The chapters in this Part are provided as a form of explanatory background

for the rest of the text about anti-SLAPP proceedings. Each of these sections

is included for slightly dif‌ferent objectives for dif‌ferent readers.

First, however, some observations, which we trust will be received in the

same clinical, respectful spirit they are being made:

1. Anti-SLAPP proceedings primarily involve defamation actions.

2. There is no specialized defamation bar in Canada, unlike in the United

Kingdom or some states in Australia.

3. None of the major metropolitan centres, such as Toronto, Ottawa, or

Vancouver, have defamation or media law lists run by judges who were

defamation barristers in practice and who do primarily defamation work

as judges, such as exist in London and Sydney.

4. In Canada, any lawyer can conduct a defamation case. Any judge, sitting

in generalist courts, may be called upon to conduct defamation actions

regardless of their experience. However, while we have many lawyers

and judges expert in the law of defamation, the generalist nature of the

trial courts hearing defamation cases and uneven experience of lawyers

presenting defamation cases can produce uneven results. Our objective,

as specialists in the f‌ield, is to of‌fer some background assistance to law-

yers and judges who are not defamation specialists but are nevertheless

rolling up their sleeves to conduct or preside over anti-SLAPP motions.

We hope that these comments will be helpful.

The legislation in theory and practice is not restricted to defamation

actions. At the date of publication of this edition, all actions except for a

handful have been defamation actions, so this background information

relates to defamation proceedings in general and in particular to cyberlibel

proceedings. See “List of Cases: Proceedings in which Anti-SLAPP Motions