The appellant made a complaint to Serbian Orthodox Church authorities about the respondent, a priest, regarding his involvement in her family law proceedings.
The respondent sued for defamation, and the appellant brought an anti-SLAPP motion under s. 137.1 of the Courts of Justice Act.
The motion judge dismissed the motion, finding the expression did not relate to a matter of public interest because it was a private grievance not widely disseminated.
The Court of Appeal allowed the appeal, holding that the motion judge erred by focusing on the size of the audience rather than the content of the expression, which raised broader concerns about the propriety of priests participating in private litigation.
The matter was remitted to the Superior Court for a full s. 137.1 analysis.
