2017 February 7

United Soils Management Ltd. v. Mohammed, 2017 ONSC 904

The Ontario Superior Court of Justice allowed an appeal from a decision of the Master made December 5, 2016 and held that the anti-SLAPP provisions of the Courts of Justice Act, RSO 1990, c. 43, section 137.1 expressly and unequivocally prohibit any step in the proceeding by any party until a filed motion to dismiss a claim as a SLAPP has been finally disposed of. In this case, the defendant was sued for alleged defamation made in Facebook postings, which voiced strong opposition to a local bylaw amendment. Accordingly, the Court held that the defendant was not allowed to file her statement of defence and counterclaim after filing her anti-SLAPP motion. The Court suggested that the proper course for the defendant would have been to serve and file her defence before bringing the motion. The filing of the defence and counterclaim was ordered to  be set aside.