Sasha Segal

Following the successful dismissal of the defendant's counterclaim under the anti-SLAPP provisions of the Courts of Justice Act, the plaintiff sought damages under s. 137.1(9) and full indemnity costs under s. 137.1(7).

The court dismissed the claim for damages, finding no evidence that the counterclaim was brought in bad faith or for an improper purpose.

The court awarded costs of $95,173.26, noting that while full indemnity costs are presumptive, the awarded amount was fair and proportionate given that the main action was continuing and some work would be useful in that proceeding.

The applicant, Medha Joshi, brought a motion under Ontario's anti-SLAPP legislation (s. 137.1 of the Courts of Justice Act) to dismiss a $700,000 counterclaim by Allstate Insurance Company of Canada.

Joshi's initial claim was for wrongful dismissal, alleging discriminatory insurance practices by Allstate against residents of Brampton, primarily visible minorities, which she had publicly discussed.

The court found that Joshi's expressions related to a matter of public interest.

Allstate failed to satisfy the court that its counterclaim had substantial merit or that Joshi had no valid defence, particularly regarding the absence of malice for malicious falsehood and the availability of absolute, qualified, and fair comment privileges for defamation.

Allstate also failed to demonstrate sufficiently serious harm.

Consequently, the motion was granted, and Allstate's counterclaim was dismissed as a Strategic Lawsuit Against Public Participation.