Lawyer Brian Radnoff Comments on OCA Decision on Anti-SLAPP Law for Advocate Daily

Lawyer Brian Radnoff (Partner, Toronto) recently spoke to Advocate Daily for an article “OCA decision shows continuing problems with anti-SLAPP law.” The article focuses on the courts still dealing with the fallout from the overbreadth of Ontario’s controversial legislation aimed at combating the issue of “Strategic Lawsuits Against Public Participation” (SLAPP).

The Ontario Court of Appeal recently restored a libel claim by a former class-action litigator-turned-politician against a Jewish charity group that suggested he supported terrorists, in the process overturning a lower court judge’s decision to dismiss the action under the province’s anti-SLAPP statute.

“The fact that this case had to go to the Court of Appeal demonstrates the overbroad nature of the province’s anti-SLAPP legislation,” Brian says. “The problem that remains is defendants know that all they have to do is demonstrate that their comments relate to a matter of public interest. It’s not a difficult hurdle to overcome.”