Introduction to Procedural Matters

• Author: David A. Potts; Erin Stoik
• Pages: 361-364

361

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Introduction to Procedural Matters

This section examines a number of procedural issues in anti-SLAPP proceed-

ings, some covered by the legislation and some by the caselaw.

LEGISLATION

Courts of Justice Act

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

No Further Steps in Proceeding

137.1 (5) Once a motion under this section is made, no further steps may be

taken in the proceeding by any party until the motion, including any appeal of

the motion, has been f‌inally disposed of. 2015, c. 23, s. 3.

No Amendment to Pleadings

(6) Unless a judge orders otherwise, the responding party shall not be

permitted to amend his or her pleadings in the proceeding,

(a) in order to prevent or avoid an order under this section dismissing the

proceeding; or

(b) if the proceeding is dismissed under this section, in order to continue the

proceeding. 2015, c. 23, s. 3.

. . .

Procedural matters

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. 2015,

c.23, s. 3.