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In the news

January 3, 2018

Erin Pleet is successful on anti-SLAPP motion raising Charter right of Freedom of Expression.

Erin acted as counsel to the defendant in Niagara Peninsula Conservation Authority v. Smith, 2017 ONSC 6973.  She was successful in obtaining an order striking the plaintiffs’ claims under the relatively new provision of the Courts of Justice Act allowing the Court to summarily dismiss defamation lawsuits where the expression relates to a “matter of public interest”.  In this case the defendant was sued for his criticisms of his local conservation authority, its board members, and a member of senior staff. 

The Court confirmed that in light of the constitutional protection of freedom of expression in the Charter of Rights and Freedoms, the conservation authority, as a governmental entity, did not have the ability to sue a private citizen in defamation for his criticisms of the conservation authority.

The Decision can be found here.

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