Introduction to Procedural Matters

AuthorDavid A. Potts; Erin Stoik
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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.
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
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.

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