The defendants, CBC and Trent University, brought anti-SLAPP motions under s. 137.1 of the Courts of Justice Act to dismiss the plaintiffs' $210 million defamation and negligence action.
The action arose from a Marketplace report alleging the plaintiffs' chicken sandwiches contained only 50% chicken based on DNA tests conducted by Trent University.
The court granted CBC's motion, finding that while the defamation claim had substantial merit, CBC had a valid defence of responsible communication and the public interest in protecting investigative journalism outweighed the plaintiffs' private harm.
The court dismissed Trent University's motion, holding that the negligence claim regarding faulty laboratory testing did not arise from an expression relating to a matter of public interest and was therefore not subject to dismissal under the anti-SLAPP provisions.