In Browne v. Picart et al. (Ont Div Ct, 2025) the Ontario Divisional Court notes that SLAPP dismissal motions may not be brought in Small Claims Court:
[6] .... The appellant also asserts that the Deputy Judge failed to consider the Anti-Slapp legislation; however, this is clearly not an error, as Deputy Judges of the Small Claims Court lack the authority to issue orders under section 137.1 of the Courts of Justice Act.[2]
. Laurentide Kitchens Inc. v. Homestars Inc.
In Laurentide Kitchens Inc. v. Homestars Inc. (Ont CA, 2022) the Court of Appeal held that SLAPP dismissal orders can't be issued by deputy-judges in Small Claims. An administrative judge in the Small Claims Court [appointed under CJA 87.2] did not have jurisdiction to make s.137.1 SLAPP orders, because it refers to 'judges' (which means full Superior Court judges). But a Superior Court judge sitting in Small Claims Court can make SLAPP orders.
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