LOLG Successful in Response to Appeal from s.137.1 SLAPP Motion
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On November 17, the Ontario Court of Appeal released its decision in Sokoloff v Tru-Path and upheld the dismissal of the defendant’s s.137.1 SLAPP motion and allowing the plaintiff’s defamation action to proceed. The decision is the first appellate authority to apply the Supreme Court’s Pointes and Platnick decisions. The Court adopted LOLG’s arguments and dismissed the appeal. The Court found that the fact that the parties are regulated professionals or that the dispute involves a lawyer’s transactions does not by itself engage the public interest for the purposes of a SLAPP motion. The decision offers important guidance on how to apply the s.137.1 SLAPP suit test moving forward in Ontario. Sokoloff v. Tru-Path Occupational Therapy Services