Defendants successfully moved under s. 137.1 of Courts of Justice Act for order dismissing defamation action and motion judge awarded costs of $30,000 on full indemnity basis. Plaintiff’s appeal was dismissed. Defendants applied for costs of appeal. Full indemnity costs awarded. While “presumption” in s. 137.1(7) of Act not applicable on appeal, suit had markings of true SLAPP so full indemnity costs awarded.
Able Translations Ltd. v. Express International Translations Inc. (2018), 2018 CarswellOnt 17534, 2018 ONCA 854, Doherty J.A., David Brown J.A., and Grant Huscroft J.A. (Ont. C.A.); additional reasons (2018), 2018 CarswellOnt 14126, 2018 ONCA 690, Doherty J.A., D.M. Brown J.A., and Grant Huscroft J.A. (Ont. C.A.).