The appellants, a home builder and its owner, brought a defamation action against the respondent homeowners over negative social media posts following a renovation dispute.
The motion judge dismissed the action under the anti-SLAPP provisions of s. 137.1 of the Courts of Justice Act.
The Court of Appeal allowed the appeal, finding that the online reviews reflected a purely private dispute and did not relate to a matter of public interest.
The Court also held that the motion judge erred in her approach to the 'no valid defence' requirement and the public interest weighing exercise, concluding that the defamation action should be permitted to proceed.
