Keven S. Adams

The plaintiff successfully defeated the defendants' anti-SLAPP motion and sought costs on a partial indemnity scale.

The court considered whether to depart from the statutory presumption in section 137.1(8) of the Courts of Justice Act, which provides that a successful responding party is generally not entitled to costs.

Finding that the defendants' motion was not frivolous, ill-conceived, or brought at an unjustifiably late stage in the proceeding, the court declined to exercise its discretion to award costs.

No order as to costs was made.

The plaintiff, a retired music teacher, brought a defamation action against the school board and its superintendent regarding letters sent to parents about hidden cameras discovered in music rooms.

The defendants moved to dismiss the action under the anti-SLAPP provisions of the Courts of Justice Act.

The court found that while the letters related to a matter of public interest, the plaintiff established that the claim had substantial merit, there were grounds to believe no valid defence existed, and the harm suffered outweighed the public interest in protecting the expression.

The motion to dismiss was denied.