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8 N o v e m b e r / D e c e m b e r 2 0 1 4 w w w . C A N A D I A N L a w y e r m a g . c o m RegionAl wRAp-up violent incidents allegedly stemming from the nightclub's activities. He sent a let- ter to the liquor board to have the place shut down and posted it on his Facebook page. According to the article, the letter mentioned that links between the bar and organized crime might exist. The bar owner sued him for defama- tion. A City of Montreal lawyer acting for the councillor filed a defence alleging the action was really a SLAPP, and he joined a copy of the Savoie decision to support his argument. Interestingly, this clash between the administration of a city of 1.5-million people and a nightclub owner is not exactly a David-versus-Goliath situation. According to Ménard, even if the author of the defamation suit does not outweigh his opponent, the anti-SLAPP provision can still apply if the suit is deemed abusive and hinders free speech. "This legislation is not a licence to attack the rich and power- ful, but a means to strengthen democracy," he says. For Mathieu Bouchard, of Montreal liti- gation boutique Irving Mitchell Kalichman, the law is not all that revolutionary. "Courts in other provinces do have the inherent power to dismiss abusive suits. Quebec has codified what already existed," he says. The law has brought two new important elements though, adds Bouchard. First, the defendant in a defamation suit has only to demonstrate summarily that the action is abusive. The burden of the proof is thus shifted onto the plaintiff who has to prove his suit was not introduced to intimidate an opponent. The second novelty is the intro- duction of punitive damages for abusive lawsuits. So far, they were awarded only in cases of violations of the Quebec Charter of Rights or when the Consumer Protection Act is breached. Université de Montréal law professor Pierre Trudel, a specialist in media law, thinks the anti-SLAPP legislation is just "a little bandage on a big wound." "The right to criticize public figures is weak here, compared to the U.S. where the First Amendment protects free speech more strongly," he says. It is quite easy to shut up criticism, especially since 2004's Gilles E. Néron Communication Marketing Inc. v. Chambre des notaires du Québec Supreme Court decision, he says. The new measures are there mainly to protect the weak party, but it still cost the defendant in the Savoie case more than $100,000 in lawyers' fees, he remarks. (Ménard had taken the case on a matter of principle and had supported his client financially throughout the proceedings). According to the professor, this special shield given to the little guy against big bullies is not a satisfactory answer to our weak protection of free speech and high cost of justice. — PAsCAL ELIE pascalelie636@gmail.com 'A little bAndAge on A big wound' continued from page 7 2015 ONTARIO LAWYER'S PHONE BOOK With more than 1,400 pages of essential legal references, Ontario Lawyer's Phone Book is your best connection to legal services in Ontario. Subscribers can depend on the credibility, accuracy and currency of this directory year after year. More detail and a wider scope of legal contact information for Ontario than any other source: ȕ 0WFS27,000 lawyers listed ȕ 0WFS9,000 law firms and corporate offices listed ȕ 'BYBOEUFMFQIPOFOVNCFSTFNBJMBEESFTTFTPGȮDFMPDBUJPOTBOEQPTUBMDPEFT Includes lists of: ȕ Federal and provincial judges ȕ Federal courts, including a section for federal government departments, boards and commissions ȕ Ontario courts and services, including a section for provincial government ministries, boards and commissions ȕ Small claims courts ȕ The Institute of Law Clerks of Ontario ȕ Miscellaneous services for lawyers Perfectbound Published December each year On subscription $77 One time purchase $80 L88804-677 Multiple copy discounts available . Plus applicable taxes and shipping & handling. (prices subject to change without notice) THE MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND $06354 7JTJUDBSTXFMMDPNPSDBMMGPSBEBZOPSJTLFWBMVBUJPO Untitled-4 1 2014-10-23 8:05 PM

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