The moving party defendants brought a motion to dismiss the plaintiff's action under s. 137.1 of the Courts of Justice Act, which was dismissed as meritless.
The responding party plaintiff sought costs of the motion.
The court found that the plaintiff's claim had none of the indicia of a SLAPP and there was no public interest in protecting the impugned expression.
The presumption against awarding costs to a successful respondent under s. 137.1(8) was rebutted, and costs were awarded to the plaintiff in the amount of $44,320.57.
