RSS FeedRenewing the Debate on Anti-SLAPP Legislation in Ontario
October 28th of this month will mark the one year anniversary of the publication of the Anti-SLAPP Panel’s Report to the Attorney General on anti-SLAPP legislation. Since then, the chatter on the issue of strategic litigation against public participation (SLAPP) appears to have died down. With the intent of renewing the debate on this issue, the following article, although long overdue, will summarize and discuss the Advisory Panel’s report. It is hoped that the new provincial government will address the issue of SLAPPs during its four year term.
Introduction
In June 2010 the Attorney General of Ontario created the Advisory Panel to advise him on potential anti-SLAPP legislation. Arguably, this move was in response to what has been described as the “most down-and-dirty development fight in Ontario’s recent memory”.[1] After gaining approval from the Ontario Municipal Board (OMB) to build a resort and marina on the shores of Big Bay Point, a developer made a costs application for $3.2 million against a community group and its lawyers that had opposed its plans.[2] Although the OMB declined to award the developer its costs, the latter did not come away from the proceedings empty-handed. The notion of suing the lawyers of defendants to a SLAPP lawsuit sent shockwaves throughout the Ontario legal community. While the Advisory Panel was still in the process of developing its recommendations the insurer for Ontario lawyers warned its members that representing public interest groups was risky because those groups may become the target of a SLAPP lawsuit that involves great unanticipated cost consequences.[3]
Having reached that critical point, it was not a great surprise that the final report released by Advisory Panel to the public in December 2010 recommended that anti-SLAPP legislation should be created. Instead of endorsing the creation of new statutory rights to public participation and to “SLAPPback,” the Advisory Panel opted for a procedure-based approach for filtering out SLAPP lawsuits and made recommendations on the different types of provisions that should be included in the legislation. Read more
OHLJ’s Environment Law issue is out
The Summer 2008 issue of the Osgoode Hall Law Journal is out, and it’s completely dedicated to environmental law. Stepan Wood, an associate professor at Osgoode Hall Law School, is the guest editor.
Most in the 2010 class knew Professor Wood as an acting Assisant Dean, First Year but many of us also interacted with him as the Director of Osgoode’s Mooting Program. He is the Director of Osgoode’s LLB/MES program as well.
For more on the contents of this next issue in the OHLJ anniversary series, see the table of contents, download articles as pdfs or read Professor Wood’s foreword [pdf].
