2023 October 19

40 Days for Life v. Dietrich, 2023 ONSC 5879

The Ontario Superior Court of Justice Divisional Court held that a motion judge has inherent jurisdiction to grant a pre-trial injunction to a defamation plaintiff notwithstanding section 137.1(5) of the Ontario Courts of Justice Act which provides that once an anti-SLAPP motion is made by a defendant, “no further steps may be taken in the proceeding by any party until the motion, including any appeal of the motion, has been finally disposed of.”  The Divisional Court noted that the Ontario Court of Appeal has interpreted section 137.1(5) as allowing a measure of discretion to motions judges, to promote the goals of efficiency and economy, citing Boyer v. Callidus Capital Corporation, 2023 ONCA 233, at para. 62 and Zoutman v. Graham, 2020 ONCA 767.  The Divisional Court held that “the discretion available to motions judges should be interpreted to permit injunctions where the moving party is able to demonstrate harm justifying injunctive relief.”