Following a successful anti-SLAPP motion that struck a defamation and malicious prosecution action, the moving parties sought damages under s. 137.1(9) of the Courts of Justice Act and costs.
The court found the struck action was brought for an improper purpose to intimidate and punish the moving parties.
The court awarded $25,000 in general damages to the father and $20,000 to the daughter for the stress and anxiety caused by the abusive litigation.
The moving parties were also awarded full indemnity costs for the struck action, while the responding parties were denied costs for the surviving counterclaim.