The appellant developer sued the respondent resident for defamation, economic torts, and trespass after the respondent publicly opposed a mall redevelopment and complained to the city about safety and bylaw issues.
The respondent successfully moved to dismiss the action as a SLAPP under s. 137.1 of the Courts of Justice Act, and was awarded $25,000 in damages and full indemnity costs.
On appeal, the Court of Appeal upheld the dismissal and damages award, finding the action was inextricably linked to the respondent's public expression and lacked substantial merit.
However, the Court granted leave to appeal costs, finding the motion judge erred by pre-determining the costs scale, and reduced the costs award from $156,394.54 to $75,000.
