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Stays Where SLAPP Issues in Administrative Hearing

The Courts of Justice Act [s.137.1-137.5] has relatively new (2015) amendments applicable to civil proceedings that are grounded in public interest expression (typically defamation). They allow a defendant to move for quick dismissal if the plaintiff cannot prove the strength of the case, and that the tort harm outweighs the value of the expression [a SLAPP motion (Strategic Lawsuit Against Public Participation). See SLAPP Cases [located in Superior Court cases, scroll down to SLAPP entries].

In the event that a party to such a proceeding "believes that the proceeding relates to the same matter of public interest" that grounds a SLAPP motion, then the party may file a copy of the notice of motion with the tribunal and that stays the tribunal proceeding until the disposition of the SLAPP motion, or before if ordered [CJA 137.4(1)].


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