The Ontario Superior Court recently released its decision in Rizvee v Newman, 2017 ONSC 4024. This decision is an important precedent, setting the scope of Ontario’s new anti-SLAPP legislation.
The case dealt with comments made by the defendant on Facebook and various Internet blogs regarding the conduct of a candidate for Member of Parliament during the last Federal Election. In particular, the defendant wrote about the candidate’s disreputable conduct during the campaign. In addition, the defendant had also sought a peace bond that would require the plaintiff to maintain a 15-20 foot distance from her. She later withdrew this peace bond application.
As a result of the above, the candidate and his wife brought a $16 million claim against the defendant for defamation. In addition, the candidate brought a $1.5 million malicious prosecution claim.
Stockwoods lawyers Nader Hasan and Carlo Di Carlo, representing the defendant, brought a motion under the new anti-SLAPP legislation, the Protection of Public Participation Act (PPPA), seeking to dismiss the action. The court dismissed the defamation claim. This decision is the first to apply the PPPA to speech directed at a candidate for political office during and after an election. It also provided significant guidance on the evidentiary standards appropriate for PPPA motions, as well as the evidence of harm that the plaintiff must show to defeat such motions.
