B. Duxbury

The Township of West Lincoln brought a motion under Rule 38.11 to set aside a consent order declaring a watercourse on the applicants' property to be a navigable waterway, which effectively created a natural severance.

The Township argued it was an affected person because the order bypassed its planning authority over lot creation and impacted a demolition agreement.

The court dismissed the motion, finding that the Township's statutory planning authority and contractual agreements did not constitute a proprietary or economic interest required to give it standing as an affected person under Rule 38.11.

The defendants previously brought an unsuccessful anti-SLAPP motion to dismiss the plaintiffs' $27 million defamation action regarding a publication about contraband tobacco.

The plaintiffs, as the successful responding parties, sought costs for the motion.

The court considered the presumption under section 137.1(8) of the Courts of Justice Act, which states that a successful responding party is not entitled to costs unless appropriate in the circumstances.

Finding that the motion was not frivolous, involved matters of public interest, and lacked inappropriate behaviour by the defendants, the court held that the plaintiffs failed to rebut the presumption.

No costs were awarded.

The defendants brought a motion under s. 137.1 of the Courts of Justice Act to dismiss the plaintiffs' $27 million defamation action as a SLAPP suit.

The plaintiffs, who own a large tobacco manufacturing company, sued over a magazine publication alleging they smuggled contraband tobacco and were associated with organized crime.

The court found the publication related to a matter of public interest but concluded the plaintiffs' claim had substantial merit and the defendants failed to establish valid defences of justification, responsible communication, qualified privilege, or fair comment.

The motion to dismiss was denied.