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ISBN: 9781552216323

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Guide to the Law and Practice of Anti-SLAPP Proceedings

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The anti-SLAPP legislation, more formally known as section 137.1 of the Courts of Justice Act in Ontario and the Protection of Public Participation Act in British Columbia, is arguably the most influential development in Canadian defamation law in the last fifty years, aside from the advent of the internet.

It appears simple in theory. It is not simple in practice.

It was intended to be straightforward, swift, and inexpensive. It has become protracted, complex, and costly.

Written primarily for judges and lawyers in Ontario and British Columbia who are faced with anti-SLAPP proceedings, this text presents a detailed and comprehensive analysis of anti-SLAPP legislation and proceedings.

Contributors

David Potts

David A Potts, LLM, LLB, BA, called to the Bar of Ontario in 1979 David A Potts has practiced in criminal and civil litigation for over thirty-five years, specializing in defamation, cyberlibel, and privacy law. He has acted in hundreds of libel and slander actions involving a wide range of organizations and individuals; acted both for and against numerous media outlets; and assisted in multi-jurisdictional libel actions in Canada, the United States, England, and Australia. Former Vice-Chairman of Media Law Section for the International Bar Association, David Potts became a member of the Attorney General’s Advisory Committee on the law of defamation in 1985 and was appointed to the 2016 Law Reform Committee of Ontario, reviewing the law of Internet Defamation. He also assisted in revising the jury charge used by Ontario judges in libel actions.

Erin Stoik

Erin Stoik, LLB, MA, Hons BA, called to the Bar of Ontario in 2003 Erin has worked with Investigation Counsel PC since its inception in 2007. Her practice has been focused on analytical research and writing in all matters of civil litigation, particularly in the areas of torts and civil procedure.
Chapter Title Contents Contributors Pages Year Price

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Part 1 includes chapters 1-6. Topics included in these chapters are defamation and libel law, the internet, campaigns of vilification and defamation, damages and anti-SLAPP law. ; 63 $6.30

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Part 2 includes chapters 7-10. Topics included in these chapters are legislative objectives and background to Anti-SLAPP proceedings, statutory interpretations, and judicial screening. ; 29 $2.90

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Part 3 includes chapters 11 and 12. Topics include jurisdiction as well as expression and platforms of publication. ; 10 $1.00

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Part 4 includes chapters 13 and 14. This chapter focuses on the threshold burden of the defendant as well as public interest. ; 25 $2.50

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Part 5 includes chapter 15-22. Topics include relevant legislation and caselaw of anti-SLAPP proceedings, merit, no valid defence, defence of justification, defence of fair comment, defence of … ; 83 $8.30

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Part 6 includes chapters 23-29. Topics included in these chapters are proof of harm, the weighing of public interest, examination of the factors to determine harm, evidence of harm, actions that … ; 81 $8.10

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Part 7 includes chapter 30-34. Topics discussed in these chapters include costs and damages, as well as, British Columbia anti-SLAPP proceedings. ; 48 $4.80

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Part 8 includes chapters 35-40. Topics discussed in these chapters include procedural matters of anti-SLAPP proceedings, specifically, no further steps in proceeding, no amendment to pleadings, … ; 75 $7.50

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Part 9 includes chapter 41-44. Topics discussed include anti-SLAPP motions, specifically interventions, apologies, retractions, and publication bans. ; 33 $3.30