CUPW v. B’nai Brith Canada et. al

2020 ONSC 323 (CanLII)Decided Labour relations

Union Defamation Suit: Anti-SLAPP Motion Dismissed

Summary

This is a procedural ruling on an Anti-SLAPP motion brought by defendants in a defamation action initiated by a union. The court addressed whether the union had the legal personality to sue for defamation and applied the statutory balancing test under s. 137.1 of the Courts of Justice Act to determine if the claim had substantial merit.

Outcome

Anti-SLAPP motion dismissed; defamation claim allowed to proceed

Key Factors

  • Anti-SLAPP legislation
  • Defamation
  • Union legal personality
  • Freedom of expression
  • Substantial merit test

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