This is an appeal from a motion judge's decision dismissing an anti-SLAPP motion.
The appellants (B'nai Brith Canada et al.) sought to dismiss a defamation action brought by the respondent (Canadian Union of Postal Workers - CUPW) under s. 137.1 of the Courts of Justice Act.
The defamation action arose from press releases published by B'nai Brith alleging CUPW supported terrorism and was anti-Semitic due to its association with a Palestinian union.
The motion judge found CUPW had a substantial case for defamation and that the appellants' defences (justification, fair comment, responsible communication) had serious flaws, and that the public interest favoured allowing the action to proceed.
The Court of Appeal upheld the motion judge's decision, finding no reviewable error in the application of the anti-SLAPP test, including the assessment of the appellants' defences and the public interest balancing.
The appeal was dismissed.