Simon's Legal Resources

SLAPP - Appeal

. Labourers’ International Union of North America, Local 183 v. Castellano

In Labourers’ International Union of North America, Local 183 v. Castellano (Ont CA, 2020) the Court of Appeal stated the appellate standard of review for SLAPP matters:

[11] The motion judge’s weighing of the competing interests under s. 137.1 is entitled to deference on appeal, absent an identifiable legal error, or a palpable and overriding factual error: 1704604 Ontario Ltd., at para. 97. As this court noted in 1704604 Ontario Ltd., at para. 97, “[d]eference is important, as there is no reason to think that a simple recalibration of the competing interests by an appeal court will provide a more accurate assessment.”