D. Cassin

The plaintiff successfully defeated the defendant's anti-SLAPP motion in a defamation action and subsequently sought costs on a substantial or partial indemnity basis.

The court considered the presumption against costs to a successful responding party under s. 137.1(8) of the Courts of Justice Act.

The court declined to award costs, finding no compelling reason to depart from the statutory presumption and noting that awarding costs solely because the impugned comments lacked public interest could deter the use of anti-SLAPP legislation.

The defendant brought an anti-SLAPP motion under section 137.1 of the Courts of Justice Act to dismiss the plaintiff's defamation action.

The plaintiff, a real estate agent, sued the defendant, a community association board member, for allegedly spreading false rumours about her professional conduct and real estate licence.

The court found that while the broader community dispute regarding lot severances was a matter of public interest, the specific defamatory words complained of were mere gossip and personal attacks unrelated to that public interest.

The motion was dismissed.