Plaintiffs had history of using litigation to silence critics

Civil Practice and Procedure - Costs - Effect of success of proceedings

Defendants were partially successful on motion to strike statement of claim. Plaintiff sought costs of motion on partial indemnity basis, totalling $23,875.18. Defendants opposed costs award on basis of presumption against costs on anti-SLAPP motion under s. 137.1(8) of Courts of Justice Act and because they were successful in striking certain paragraphs from statement of claim. Although expressions at issue in case were not related to matter of public interest, proceeding bore some of indicia of SLAPP suit given plaintiffs had history of using litigation to silence critics, there was power imbalance between parties and there was punitive or retributory purpose to plaintiff’s claim. It was not improper or frivolous for defendant to bring motion. This was not appropriate case to exercise discretion under s. 137.1(8) of Act to award costs to plaintiff. No order as to costs.

Walsh v. Badin (2019), 2019 CarswellOnt 2610, 2019 ONSC 1281, Nishikawa J. (Ont. S.C.J.); additional reasons (2019), 2019 CarswellOnt 1122, 2019 ONSC 689, Nishikawa J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Failure of Ontario to ‘conduct and manage’ online gaming makes iGaming system illegal, says lawsuit

OCA orders new trial for accused whose lawyer ‘conscripted him into assisting his own prosecution’

Ontario Securities Commission welcomes Kevan Cowan as new chair

LSO opens applications for Legal Aid Ontario board, federal judiciary advisory committee

Appeal from certification order in bread price-fixing class action quashed

Stay refused for mother seeking to relocate child from Milton to Sarnia

Most Read Articles

Court awards 24 months’ notice to Air Canada employee terminated as part of COVID layoff

OCA orders new trial for accused whose lawyer ‘conscripted him into assisting his own prosecution’

LSO Convocation approves license proposal for non-lawyer family legal services providers

Recent ruling a 'cautionary tale' for start-ups, says IP lawyer