This case concerns a anti-SLAPP motion regarding a defamation action involving the plaintiffs and defendants.
The plaintiffs are Dee-Anne Hamer and Roo Roo Cat Rescue, which Hamer owns and operates. Roo Roo provides cat rescue, rehabilitation, and adoption services. A motion was brought by the defendants, Susan Namedof and Nicole Algar, to dismiss the Plaintiffs’ defamation claim under Ontario’s anti-Strategic Lawsuit Against Public Participation (SLAPP) legislation, as the proceeding limits freedom of expression on matters of public interest under Section 137.1 of the Courts of Justice Act, R.S.O.1990, c. C.43.
The defamation claim arises from three posts made on Facebook and comments made under those posts. The posts included concern for the cats under care and raised suspicions of potential hoarding and neglect of cats. After initial legal action was commenced, the defendant deleted her profile, effectively removing the posts. More posts were made on a different platform, which the plaintiff again sought legal action against.
Plaintiffs claimed that the posts were defamatory, harmed their reputation, and caused financial and emotional damage, and argued that the posts were not in the public interest. The defendants position was that they had valid defences of justification and fair comment, and contended that the harm alleged by the Plaintiffs was not sufficiently serious to outweigh the public interest in protecting their expression.
The judge held that the posts are in the public interest because they relate to animal protection, welfare, and rescue. Also, that none of the claims had substantial merit. Ultimately, the judge held that the case is about the plaintiff wanting to silence the defendant and any criticism of their rescue operation and not real damage. Potential harm to the plaintiff is outweighed by the public interest in protecting expression.
The motion was granted and the Plaintiffs’ defamation action was dismissed (para 56).
https://canlii.ca/t/jzzhc