Defamation action against broadcaster dismissed under anti-SLAPP legislation as fair comment defence was valid.
The defendants, a national broadcaster and its employees, brought a motion to dismiss the plaintiff's defamation action under the anti-SLAPP provisions of the Courts of Justice Act.
The plaintiff, a student travel company, alleged that the defendants' reporting on the death of a student during a trip was defamatory.
The court found that the expression related to a matter of public interest and that the plaintiff failed to show there was no valid defence, specifically the defence of fair comment.
The court also found the balance of harms favoured protecting the expression, and dismissed the action.
SCJSuperior Court of JusticeMay 11, 2021