The defendant, David Franklin, brought a motion under s. 137.1 of the Courts of Justice Act (anti-SLAPP legislation) to dismiss an action brought against him by the Mizzi family.
The Mizzi family sued Franklin, his client Michael Cavanagh, and others for intrusion upon seclusion, intentional infliction of mental and emotional suffering, and extortion, alleging that Franklin and Cavanagh hacked emails, created a defamatory website, and made threats.
Franklin argued the action arose from his public comments on a Global News broadcast about a financial scandal, which he contended was a matter of public interest.
The court found that while Franklin's comments were indeed an expression relating to a matter of public interest, the Mizzi family's action did not "arise from" that expression.
Instead, the court determined the action genuinely arose from the alleged intrusion on seclusion and extortion that occurred independently of and prior to the news broadcast.
Consequently, the court dismissed Franklin's motion to dismiss the action, allowing the Mizzi family's claims to proceed to trial on their merits.