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Defamation action over negative online review dismissed under anti-SLAPP legislation due to lack of harm.
The defendant brought an anti-SLAPP motion under s. 137.1 of the Courts of Justice Act to dismiss a defamation action brought by the plaintiffs, a home renovation contractor and his wife.
The action arose from a Reddit post by the defendant calling the plaintiffs 'fraudsters' and 'scammers' after a contract dispute.
The court found the expression related to a matter of public interest.
Although the defamation claim had substantial merit, the plaintiffs failed to show they suffered any financial harm, as their YouTube business was thriving and their renovation business had closed before the post.
The court concluded the public interest in protecting the defendant's expression outweighed the public interest in allowing the proceeding to continue, and dismissed the action.
