The plaintiff, Contrans Tank Group GP Inc., brought a defamation action against its former employee, Zhuo Chen.
Chen brought an anti-SLAPP motion under section 137.1 of the Courts of Justice Act to dismiss the action, claiming his expressions related to public interest matters (alleged systemic underpayment and discrimination against immigrant drivers).
Contrans attempted to discontinue the action without costs shortly before the motion hearing.
The court found that the notice of discontinuance was ineffective due to the statutory stay imposed by s. 137.1(5) of the Act, which prohibits "any further step in the proceeding" once an anti-SLAPP motion is made.
The court then proceeded to hear the anti-SLAPP motion on its merits, finding that Chen's communications were on a matter of public interest.
Contrans failed to show grounds to believe its defamation claim had substantial merit or that Chen had no valid defence (specifically, truth/justification).
The court also found that Contrans brought the action in bad faith or for an improper purpose, aiming to silence and intimidate the defendant.
The action was dismissed, and Chen was awarded $5,000 in damages and full indemnity costs.
