The appellants, operators of a long-term care home, appealed a motion judge's decision dismissing their defamation action under section 137.1 of the Courts of Justice Act (anti-SLAPP motion).
The respondent had posted approximately 100 tweets over three years on anonymous accounts alleging elder abuse and serious wrongdoing at the facility.
The motion judge found the tweets related to a matter of public interest and dismissed the action.
The Court of Appeal allowed the appeal, finding the motion judge made reviewable errors in her section 137.1(4) analysis by failing to properly assess whether the defamation claim had merit and whether the appellants had suffered harm, and by assuming the respondent's expression had value without conducting the necessary preliminary analysis.