Breaking the silence : Breaking the silence : the urgent need for anti-Strategic Lawsuits Against Public Participation legislation in Ontario

The power of a SLAPP comes from the use of the court system to intimidate the target and to exhaust its often-limited resources.5 it is not the strength of the case, but the threat of onerous and expensive proceedings which makes SLAPPs so harmfully effective. [...] While the action is dismissed in the majority of SLAPPs that reach the courts, the real issue is the silencing effect it has on citizens who are sued and its The power of a impact on the public generally.10 SLAPP comes from the use of the court system to intimidate the target and to What is a SLAPP? [...] While the source of the harm may be ‘private’ the harm itself directly affects the democratic process and is unquestionably ‘public’.12 Public participation is widely regarded as essential to ensure that a broad spectrum of societal views and concerns are reflected in the development of new laws and policies The harm SLAPPs cause as well as the issuance of approvals in relation to specific project [...] Breaking the Silence: The Urgent Need for anti-SLaPP Legislation in Ontario relatively few legal tools at the disposal of SLAPP targets to respond effectively when their rights are put in jeopardy.44 rULe 57 – coSTS of ProceeDinGS Under s. 131 of the ontario Courts of Justice Act and rule 57 of the rules of civil Procedure, a court has discretion to determine by whom and to what extent the costs o [...] An assessment of the issue of due diligence involves consideration of the public importance of the matter, the urgency of the matter, the status and reliability of the source, whether the plaintiff’s side of the story was sought and accurately reported, whether inclusion of the defamatory statement was justifiable, and other relevant aspects.47 The application of this defence is uncertain for medi