Canadian Lawyer

Regional wrap-up Cracking down on SLAPPs 10 J u ly 2013 www.CANADIAN says MAG spokesman Brendan Crawley. "Statements made by a person with a direct interest in a public interest matter to another person who also has a direct interest are privileged, so they do not give rise to liability for defamation," he says. "The bill, if passed, would extend this privilege to cases where these communications were reported in the media or otherwise." The bill also encourages the courts to use their discretion to not award costs against defendants even if the case proceeds to trial. Where the court finds the plaintiffs have brought a meritless claim for the purpose of intimidation, it can also award punitive damages. While Canadians already have the right to free expression, existing laws fall short of protecting them from SLAPPs, adds Crawley. "On paper, the law provides a number of remedies for questionable claims. There are provisions that allow the courts to dismiss such suits in the common law as well as in the Courts of Justice Act and in the Rules of Civil Procedure. However, these remedies are rarely exercised in practice." — Yamri Taddese yamri.taddese@thomsonreuters.com West Why Calgary lawyers love to party during Stampede T he Calgary Stampede may have a lot of white hats, chuckwagons, and pancakes but what it is really about is business. It is a truth held dear by Calgary's entire business community — not just the city's law firms — that there is no more powerful time to stroke clients or potential clients and reward employees as when the whiff of smoking steaks, good wine, and horse manure is in the air. It's a case of "eat, drink, and make money" as one lawyer puts it. Bennett Jones LLP is an international law firm. Its involvement with the Stampede "is long and deep, going all the way back to our collective roots over 100 years ago," says Perry Spitznagel, Bennett Jones' vice chairman and Calgary managing partner. Born and bred in Calgary, Bennett Jones is the official firm for the organization, a major Stampede sponsor, and dozens of its employees are volunteers. This year, the L a w ye r m a g . c o m Calgary Stampede T he Ontario government's move to crack down on speech-limiting lawsuits will achieve more than free expression without fear of undue prosecution, says University of Toronto Faculty of Law dean Mayo Moran, who headed the Ministry of the Attorney General's advisory panel on the matter. The bill, introduced in June, will also mean a more efficient justice system in Ontario, says Moran. Strategic lawsuits against public participation, or SLAPPs, often target individuals or citizen groups that are vocal about development projects and the use of public land. A 2010 report by Ecojustice and the Canadian Environmental Law Association says although the general perception is that such lawsuits are primarily an issue south of the border, "there has been a worrisome trend" of muffling public debate through meritless defamation claims in Ontario. The proposed bill will require hearings on SLAPP motions within 60 days, a time frame Moran says will ensure the courts quickly dismiss lawsuits deemed to be SLAPPs so public debate can go on. "The most important thing is really to ensure that citizens feel that they can participate freely in debates on matters that are of public importance even when there might be a little bit of controversy," says Moran. "The other reason I have to say is the wide use of court resources and judicial time because certainly, when these suits get going, there's a lot of judicial time and energy, lawyers' time and energy, used for purposes that really don't further the interest of the justice system." When the court finally hears the case, the judge often tosses it out, but the long time period between the initiation of a lawsuit and its dismissal effectively silences people and depletes them of their resources, adds Moran. Another key feature of the bill is the extension of qualified privilege when it comes to defamation allegations in relation to matters of public interest,

• Cover