Case information

Courts — Dismissal of proceeding that limits debate — Freedom of expression — Proper interpretation and application of Ontario’s framework for dismissal of strategic lawsuits against public participation (SLAPPs) — Applicant suing respondent for defamation — Respondent moving for dismissal of lawsuit as a SLAPP — Courts below dismissing defamation action — Whether s. 137.1(4)(b) of the Courts of Justice Act and the equivalent provision in British Columbia, properly interpreted, require a court to consider whether dismissing a plaintiff’s defamation action could have a chilling effect on the expressive activity of the plaintiff or others when deciding whether the public interest in permitting the plaintiff’s action to proceed outweighs the public interest in protecting the defendant’s expression — If so, how should courts weigh the concern that dismissing a defamation action could have a chilling effect on the expressive activity of the plaintiff or others against the public interest in protecting the defendant’s expression? — How should courts resolve this issue when the defendant’s expression was made in attack against a whistleblower? — Courts of Justice Act, R.S.O. 1990, c. C. 43, s. 137.1.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In November 2018, the Premier of Ontario, the respondent, Doug Ford, announced that a new Commissioner for the Ontario Provincial Police (“OPP”) would be appointed; the applicant, Brad Blair, was acting as Interim Commissioner at the time and was not chosen for the position. In December 2018, Mr. Blair sent a letter on official OPP letterhead to the provincial Ombudsman, and released a copy to the public, alleging several improprieties in the appointment process for the new OPP Commissioner. In December 2018 and January 2019, Mr. Ford made three statements to the media in which he appeared to suggest that Mr. Blair had “broken” or “breached” the Police Services Act, R.S.O. 1990, c. P. 15. In March 2019, Mr. Blair sued Mr. Ford for defamation, on the basis of the three statements, seeking damages in the amount of $5 million. In response, Mr. Ford brought a motion to dismiss the defamation action, pursuant to s. 137.1 of the Courts of Justice Act, R.S.O. 1990, c. C. 43, a provision designed to allow for the early dismissal of “strategic litigation against public participation” (“SLAPP” lawsuits).

The motion judge at the Superior Court of Justice granted Mr. Ford’s motion, and dismissed Mr. Blair’s defamation lawsuit against him. The Court of Appeal unanimously upheld this decision.

---

---

---