Canadian Lawyer

January 2010

The most widely read magazine for Canadian lawyers

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REAL ESTATE So far, only Quebec has introduced legislation to stop lawsuits from big companies that appear to pick on the little guys opposing their plans. BY KEV IN MARRON SLAPPs G oliath didn't have the option of suing David for malicious use of a slingshot, but today's corporate giants can and sometimes do use the law as a blunt instrument to intimidate weaker foes. That concerned the Quebec government to introduce a new law in 2009 to curb abusive civil proceedings, while the Uniform Law Conference of Canada is proposing a similar model act that could be applied in every province. The Quebec legislation and ULCC on the wrist proposals are designed to address the phenomenon that has acquired the emo- tive acronym SLAPP — strategic lawsuits against public participation. It refers to situations where a developer or corpora- tion comes into conflict with citizens and launches apparently frivolous or abusive proceedings in the expectation citizens will not have the resources to defend themselves and may be intimidated enough to stop fighting for their cause. Jack Aasen, a 62-year-old retired justice of the peace, has been called "the poster boy for anti-SLAPP legislation." He and his wife Judy, with three other residents of their Vernon, B.C., subdivision, were sued by local developer Leonard Brad Chapman and his three corporations over allegedly slanderous statements made by the resi- dents in connection with their concerns about the developer's handling of sewer and water services. What made this case "horrifying" and "unbelievable," according to Aasen, was some of the allegations were www. C ANADIAN Law ye rmag.com J A NU A R Y 2010 19 ANTHONY TRAMAGLIA

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