The defendant, a former student, reported to her guidance counsellor and police that she had been sexually assaulted by the plaintiff, her former piano teacher.
The police investigated and charged the plaintiff, but the charges were later stayed.
The plaintiff sued the defendant for malicious prosecution.
The defendant brought a motion to dismiss the action under the anti-SLAPP provisions of the Courts of Justice Act (s. 137.1) and, in the alternative, for summary judgment.
The court granted the motion, finding that the expression related to a matter of public interest, the malicious prosecution claim lacked substantial merit because the police (not the defendant) initiated the proceedings, and the public interest in protecting the reporting of sexual assaults outweighed the harm to the plaintiff.
