Matthew Macdonald

The applicant brought an unsuccessful motion to transfer a defamation action commenced by the respondent in the Small Claims Court to the Superior Court of Justice, and to schedule a motion under section 137.1 of the Courts of Justice Act.

The parties could not agree on costs.

The court awarded costs to the successful respondent on a partial indemnity basis, finding that the applicant's conduct did not warrant substantial indemnity costs, but that the applicant should bear the costs of pursuing an unnecessary and unsuccessful motion.

The applicant, a defendant in a Small Claims Court defamation action regarding a Google review, brought a motion to transfer the action to the Superior Court of Justice.

The transfer was sought solely to enable the applicant to bring an anti-SLAPP motion under section 137.1 of the Courts of Justice Act, which the Court of Appeal previously ruled is unavailable in Small Claims Court.

The court dismissed the motion, finding that the unavailability of a section 137.1 motion does not mean the action cannot be justly and fairly resolved in Small Claims Court, and that the traditional factors for transfer were not met.

The defendant sought to schedule an anti-SLAPP motion under s. 137.1 of the Courts of Justice Act in a Small Claims Court action.

The court, relying on the Ontario Court of Appeal's decision in Laurentide Kitchens Inc. v. Homestars Inc., ruled that anti-SLAPP motions are incompatible with the summary procedures and objectives of the Small Claims Court, regardless of whether they are heard by a deputy judge, administrative judge, or a Superior Court judge sitting as a Small Claims Court judge.

Consequently, the anti-SLAPP motion was not scheduled.

Instead, the court scheduled a motion to transfer the existing Small Claims Court action to the Superior Court of Justice, allowing the defendant to pursue the anti-SLAPP relief in the appropriate forum.