The moving party brought a motion under s. 137.1 of the Courts of Justice Act to dismiss the responding party's underlying application, which sought to declare her a vexatious litigant.
The moving party argued the application was a strategic lawsuit against public participation (SLAPP) intended to silence her.
The court dismissed the motion, finding that while bringing legal proceedings constitutes expression, vexatious litigation does not relate to a matter of public interest.
The court held that the responding party was merely seeking a procedural gatekeeping order, not attempting to suppress protected expression.
