The Township of Clearview appealed a motion decision that largely dismissed its anti-SLAPP application against an action for defamation, negligence, and breach of fiduciary duty brought by the respondents.
The action stemmed from the Township posting resident letters on its website that contained negative comments about the respondents' farming practices and proposed micro-brewery.
The Court of Appeal allowed the appeal regarding the defamation claim, finding that the motion judge erred in his analysis of the qualified privilege and indemnity defences, which had a real prospect of success.
The negligence claim dismissal was not appealed.
The breach of fiduciary duty claim dismissal was upheld.
