Thursday, September 23, 2010

By Lucianna Ciccocioppo

The Ontario Ministry of the Attorney General has appointed Dean Mayo Moran to chair an advisory panel looking into drafting legislation to target Strategic Litigation Against Public Participation lawsuits. The panel includes alumni Brian M. Rogers, LLB 1977, and Peter Downard, LLB 1984, and will advise how targeted legislation could improve existing protections in the Rules of Civil Procedure.

Rogers practices media law and litigation, with an emphasis on libel, privacy, copyright, freedom of expression and Internet-related issues. Downard is a senior litigation counsel and principal contact for Fasken Martineau in defamation matters.

In its press release, the AG ministry says SLAPP lawsuits are usually launched as defamation actions, and there are concerns the suits are used to intimidate and financially punish actual or potential critics, rather than to remedy a harm. As a result, the hefty legal costs of such actions often force critics to abandon their opposition.

New legislation could facilitate the dismissal of suits and allow courts to penalize plaintiffs who use the courts improperly.

Suggestions can be sent to the panel by email: SLAPPsuggestions@ontario.ca

Watch for our expanded story on this issue in a future edition of Nexus.