Guide to the Law and Practice of Anti-Slapp Proceedings

The anti-SLAPP legislation, more formally known as section 137.1 of the Courts of Justice Act in Ontario and the Protection of Public Participation Act in British Columbia, is arguably the most influential development in Canadian defamation law in the last fifty years, aside from the advent of the internet.

It appears simple in theory. It is not simple in practice.

It was intended to be straightforward, swift, and inexpensive. It has become protracted, complex, and costly.

Written primarily for judges and lawyers in Ontario and British Columbia who are faced with anti-SLAPP proceedings, this text presents a detailed and comprehensive analysis of anti-SLAPP legislation and proceedings.

David A. Potts has practiced in criminal and civil litigation for over thirty-five years, specializing in defamation, cyberlibel, and privacy law. He has acted in hundreds of libel and slander actions involving a wide range of organizations and individuals; acted both for and against numerous media outlets; and assisted in multi-jurisdictional libel actions in Canada, the United States, England, and Australia.

Erin Stoik, LLB, MA, Hons BA, called to the Bar of Ontario in 2003. Erin has worked with Investigation Counsel PC since its inception in 2007. Her practice has been focused on analytical research and writing in all matters of civil litigation, particularly in the areas of torts and civil procedure.