harm. On the other side of the balance, the quality of the expression and the motivation of the defendant were relevant to the measure of the public interest in
protecting his expression. Deliberate falsehoods, gratuitous personal attacks,
or vulgar and offensive language may reduce the public interest in promoting
a defendant’s speech. The defendant’s tweets were imbued with hyperbole and
vulgar vitriol and were admittedly false in many respects. There was little value in
protecting that expression.
Leave to appeal from the costs order was granted because of the procedural
unfairness of counsel for the plaintiff making unsolicited submissions to the
motion judge without the defendant’s consent. The defendant’s delay in bringing
the anti-SLAPP motion justified an award of costs in favour of the plaintiff,
despite s. 137.1(8) of the Courts of Justice Act. The motion judge did not err in
awarding costs of a motion to adduce fresh evidence, which was inextricably linked
to the anti-SLAPP motion. The costs award should be reduced from $19,731.64 to
$18,000 to credit the defendant with his travel costs for a motion hearing date
which the plaintiff adjourned without the defendant’s consent.
1704604 Ontario Ltd. v. Pointes Protection Assn. (2018), 142 O.R. (3d) 161,
 O.J. No. 4449, 2018 ONCA 685, 23 C.P.C. (8th) 312, 79 M.P.L.R. (5th) 179,
426 D.L.R. (4th) 233, 50 C.C.L. T. (4th) 173, 297 A.C. W.S. (3d) 504, apld
Other cases referred to
1704604 Ontario Ltd. v. Pointes Protection Assn. (2018), 142 O.R. (3d) 161, 
O.J. No. 4449, 2018 ONCA 685, 23 C.P.C. (8th) 312, 79 M.P.L.R. (5th) 179, 426 D.L.R.
(4th) 233, 50 C.C.L.T. (4th) 173, 297 A.C.W.S. (3d) 504; Able Translations Ltd. v.
Express International Translations Inc.,  O.J. No. 4443, 2018 ONCA 690,
428 D.L.R. (4th) 568, 23 C.P.C. (8th) 404, affg  O.J. No. 5740, 2016 ONSC 6785,
410 D.L.R. (4th) 380, 272 A.C.W.S. (3d) 68 (S.C.J.); Levant v. Day,  O.J. No.
5359, 2017 ONSC 5956, 17 C.P.C. (8th) 183, 285 A.C. W.S. (3d) 669 (S.C.J.)
Statutes referred to
Courts of Justice Act, R.S.O. 1990, c. C.43, s. 137.1, (1), (2), (3), (4), (a)( ii), (b), (7), (8)
Libel and Slander Act, R.S.O. 1990, c. L.12, s. 5(1)
Rules and regulations referred to
Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rule 1.09
Authorities referred to
Anti-SLAPP Advisory Panel, Report to the Attorney General (Ontario: Ministry of
the Attorney General, 2010)
APPEAL from the order of C.J. Brown J.,  O.J. No. 5359,
2017 ONSC 5956, 17 C.P.C. (8th) 183 (S.C.J.) dismissing a motion
for summary dismissal of action; and from the costs order, 
O.J. No. 5678, 2018 ONSC 6236 (S.C.J.).
Jeff G. Saikaley, for appellant.
A. Irvin Schein, for respondent.
The judgment of the court was delivered by
 PARDU J.A.: — The defendant in this action for damages
for defamation appeals from the decision of a motion judge