The defendant, a Toronto City Councillor, brought a motion under s. 137.1 of the Courts of Justice Act to dismiss a defamation action brought by the plaintiff auto parts business.
The action arose from comments the councillor made during a Scarborough Community Council meeting regarding complaints from a neighbouring Royal Canadian Legion branch about the plaintiff's conduct.
The court granted the motion, finding that the councillor's expression related to a matter of public interest.
The plaintiff failed to establish that the councillor's defences of qualified privilege, fair comment, and statutory immunity had no real prospect of success.
Furthermore, the public interest in protecting the councillor's expression outweighed the minimal evidence of harm suffered by the plaintiff.
