Simon's Legal Resources

(Ontario/Canada)

EVIDENCE | ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)
SMALL CLAIMS / CIVIL LITIGATION / CIVIL APPEALS / JUDICIAL REVIEW / Something Big

Home / About / Democracy, Law and Duty / Testimonials / Conditions of Use

Civil and Administrative
Litigation Opinions
for Self-Reppers


TOPICS

(What's a Topic?)

Administrative - 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)].

CC0

Unless authorship is otherwise stated or obvious from the context, all
written materials in this website were created by Simon Shields, who
waives all of his copyright and related or neighboring rights to this
Isthatlegal.ca webpage. Note in particular that this waiver only applies to
Simon's material, as copyright in statutory/regulatory materials and
case extracts were never his to give away.




Last modified: 15-05-23
By: admin