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REAL ESTATE based on a conversation secretly recorded in their own home by a private investiga- tor posing as a prospective purchaser of a neighbouring property seeking their opin- ion of the developer. Aasen says it was only because he represented himself that he and his wife avoided potentially ruinous legal fees for a case that ended up in the B.C. Court of Appeal. The appeal court ruled against the developer on several allegations, but did find that Aasen slandered the devel- oper when he told the private detective that "he rides around on his horse and he kind of makes the suggestion that he's got the mayor in his pocket." Aasen says he is waiting to see if the TitlePlus_CL_Jan_10 12/15/09 10:00 AM Page 1 developer will pursue the matter further and is currently trying to get access under B.C.'s privacy legislation to the taped con- versation with the private detective, which was never presented in court. He says he and his neighbours are now very wary of talking to strangers. "The outcome of this case was shocking. It stunned the average citizen of British Columbia," says lawyer Micheal Vonn, policy director of the B.C. Civil Liberties Association. She sees the case as "a clear demonstration of the need for some kind of mechanism to assist victims of SLAPPs or to have some kind of vetting process in place." B.C. had anti-SLAPP legislation for a few months in 2001. It was introduced by an NDP government that April and repealed by an incoming Liberal govern- ment that August. The reasons given for repealing the legislation were the same ones other provinces have subsequently cited in resisting calls for similar laws — a new law is not necessary because there are existing provisions that allow the courts to control abuse of process and dismiss frivolous lawsuits. Furthermore, the legislation was criticized as being too vague defining "abusive." Advocates of anti-SLAPP laws argue the courts are reluctant to use the powers they Built just for you Together we have all the tools The TitlePLUS® your clients from title risks.1 you, through our legal services coverage2 Program works with you to help protect With the right tools we assist , by reducing the inconvenience of dealing with a loss as the result of an error or omission in your real estate transactions. To ensure your clients get the most comprehensive coverage in one policy, take a look at the TitlePLUS Program, your Bar-related® real estate partner! PROTECTION AS GOOD AS IT GETS 1-800-410-1013 1 titleplus.ca Please refer to the policy for full details, including actual terms and conditions. The TitlePLUS policy is underwritten by Lawyers' Professional Indemnity Company (LAWPRO®)/ Assurance LAWPRO®. Assurance LAWPRO is a registered name used in Québec by Lawyers' Professional Indemnity Company. Contact LAWPRO for brokers in Manitoba, Alberta and Québec. 2 Excluding OwnerEXPRESS® policies and Québec policies. ® TitlePLUS, the TitlePLUS logo, OwnerEXPRESS, LAWPRO and Assurance LAWPRO are registered trademarks of Lawyers' Professional Indemnity Company. ® BAR-RELATED Mark is a registered Mark of North American Bar Related Title Insurers used by LAWPRO under License. 20 J A NU A R Y 2010 www. C ANADIAN Law ye rmag.com