The defendant in a defamation action brought under the Simplified Procedure delivered a notice of motion to dismiss the claim as a SLAPP under s. 137.1 of the Courts of Justice Act.
The court addressed the scheduling of the motion, noting the routine disregard for the mandatory 60-day time limit under s. 137.2(2).
The court enforced the 60-day limit, scheduling the motion accordingly despite court backlogs, and ruled that the statutory allowance for cross-examination on anti-SLAPP motions overrides the general prohibition against cross-examination in Simplified Procedure actions.
