Simon's Megalomaniacal Legal Resources

Civil Litigation - SLAPP - Appeal

. 2110120 Ontario Inc. v. Buttar

In 2110120 Ontario Inc. v. Buttar (Ont CA, 2023) the Court of Appeal notes that on a successful appeal from a SLAPP motion, the matter is not to be remitted back down to the motion judge - but decided by the appellate court:

[35] A motion judge’s determination on an anti-SLAPP motion is entitled to deference on appeal absent an error of law or palpable and overriding error: Bent v. Platnick, 2020 SCC 23, [2020] 2 S.C.R. 645, at para. 77; Canadian Union of Postal Workers v. B’nai Brith Canada, 2021 ONCA 529, 460 D.L.R. (4th) 245, at para. 21 (“CUPW”); Park Lawn Corporation v. Kahu Capital Partners Ltd., 2023 ONCA 129, 478 D.L.R. (4th) 514, at para. 42. If such an error has been established, it is up to this court on appeal to consider the matter afresh: Nanda v. McEwan, 2020 ONCA 431, 450 D.L.R. (4th) 145, at paras. 47-49.

. 2110120 Ontario Inc. v. Buttar

In 2110120 Ontario Inc. v. Buttar (Ont CA, 2023) the Court of Appeal considers the SLAPP appellate standard of review:

[35] A motion judge’s determination on an anti-SLAPP motion is entitled to deference on appeal absent an error of law or palpable and overriding error: Bent v. Platnick, 2020 SCC 23, [2020] 2 S.C.R. 645, at para. 77; Canadian Union of Postal Workers v. B’nai Brith Canada, 2021 ONCA 529, 460 D.L.R. (4th) 245, at para. 21 (“CUPW”); Park Lawn Corporation v. Kahu Capital Partners Ltd., 2023 ONCA 129, 478 D.L.R. (4th) 514, at para. 42. ....

. Labourers’ International Union of North America, Local 183 v. Castellano

In Labourers’ International Union of North America, Local 183 v. Castellano (Ont CA, 2020) the Court of Appeal stated the appellate standard of review for SLAPP matters:

[11] The motion judge’s weighing of the competing interests under s. 137.1 is entitled to deference on appeal, absent an identifiable legal error, or a palpable and overriding factual error: 1704604 Ontario Ltd., at para. 97. As this court noted in 1704604 Ontario Ltd., at para. 97, “[d]eference is important, as there is no reason to think that a simple recalibration of the competing interests by an appeal court will provide a more accurate assessment.”