The applicants, Eleanor and Patrick Coulson, brought a motion under s. 137.1 of the Courts of Justice Act to dismiss a counterclaim by the respondents, Alexander Muskoka (Gravenhurst) Inc. et al., arguing it was a Strategic Lawsuit Against Public Participation (SLAPP).
The counterclaim alleged breach of Minutes of Settlement by the Coulsons for opposing a retirement residence development.
The court found that while the development itself was a matter of public interest, the specific expressions made by the Coulsons, which formed the basis of the counterclaim, were primarily about their private property interests (e.g., trees, sightlines, property boundaries) and compliance with the Minutes of Settlement, rather than broader public concerns.
Therefore, the Coulsons failed to meet the threshold burden of proving that their expressions related to a matter of public interest, and the motion to dismiss the counterclaim was dismissed.
