The defendant brought an anti-SLAPP motion under s. 137.1 of the Courts of Justice Act to dismiss the plaintiffs' defamation claim.
The plaintiffs alleged defamation by a "cease and desist" letter sent by the defendant to their employer and funding body, containing false allegations about their professional conduct and their organization.
The court found the defendant's expression related to a matter of public interest, satisfying the first stage of the anti-SLAPP test.
However, at the second stage, the court found grounds to believe the plaintiffs' claim had substantial merit and that the defendant had no valid defence (justification or qualified privilege), noting the fragility of the defendant's evidence and potential malice.
The court concluded that the public interest in allowing the plaintiffs' legitimate claim to proceed, particularly to resolve a long-standing conflict impacting publicly funded services, outweighed the public interest in protecting the defendant's expression.
The motion was dismissed without costs.