The defendant brought a motion under s. 137.1 of the Courts of Justice Act to dismiss the plaintiff's defamation action as a Strategic Lawsuit Against Public Participation (SLAPP).
The parties had a brief relationship, after which the defendant made public allegations in the gaming community and on social media that the plaintiff had sexually assaulted her and was a sexual predator.
The court found that while the expressions related to a matter of public interest, the plaintiff's defamation claim had substantial merit and there were grounds to defeat the defence of justification.
The court concluded that the harm suffered by the plaintiff was sufficiently serious that the public interest in permitting the action to proceed outweighed the public interest in protecting the defendant's expressions.
The motion was dismissed, with no costs awarded.
