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The court declined to award costs on a dismissed anti-SLAPP motion but awarded $3,000 for an unsuccessful motion to strike.
This endorsement addresses costs following the dismissal of an anti-SLAPP motion brought by the defendant, Michael Bueckert, and a cross-motion by the plaintiff, Michele Di Franco, to strike Mr. Bueckert's affidavit.
The court found no reason to depart from the statutory presumption against awarding costs on the anti-SLAPP motion, as it was not frivolous and the expression related to a matter of public interest.
However, on the motion to strike the affidavit, the court awarded Mr. Bueckert $3000 in partial indemnity costs against Mr. Di Franco, after considering factors under Rule 57.01(1) and discounting the amount for work that may have future utility.
The court dismissed the defendant's anti-SLAPP motion, allowing the defamation action to proceed.
Michael Bueckert brought an anti-SLAPP motion under s. 137.1 of the Courts of Justice Act to dismiss a defamation action brought by Michele Di Franco.
Di Franco also brought a cross-motion to strike Bueckert's affidavit.
The court dismissed both motions, finding that Di Franco's defamation claim had substantial merit and Bueckert's defenses of fair comment and justification might not succeed.
The court also found that the harm to Di Franco's reputation, particularly as a law student, was sufficiently serious to outweigh the public interest in protecting Bueckert's expression, especially given the vitriolic nature of some of the statements.
