François Sauvageau

The appellants appealed the dismissal of their anti-SLAPP motion under s. 137.1 of the Courts of Justice Act, which sought to dismiss a defamation action brought by the respondent.

They also appealed the motion judge's award of costs.

The Court of Appeal upheld the motion judge's finding that the impugned Facebook post did not relate to a matter of public interest, concluding it was a private business dispute despite references to masks and a potential class action.

The court also affirmed the costs award, finding no error in the motion judge's discretion to award costs given the perceived misuse of the anti-SLAPP provision.

The defendants brought an anti-SLAPP motion to dismiss the plaintiff's action, which was denied.

In this costs decision, the plaintiff sought full or substantial indemnity costs.

The defendants argued no costs should be awarded based on the presumption in s. 137.1(8) of the Courts of Justice Act.

The court found it appropriate to depart from the presumption and award costs to the plaintiff, noting the underlying dispute was purely private and the defendants' voluminous motion record was disproportionate, suggesting a misuse of the anti-SLAPP rule.

The defendants were ordered to pay $80,000 in costs.