Pointes Protection: How Ontario's Anti-SLAPP Law Works

A SLAPP (strategic lawsuit against public participation) is a lawsuit used to silence or punish someone for speaking on a public issue. Ontario's Courts of Justice Act (section 137.1) lets courts dismiss these cases early. In 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22, the Supreme Court explained how.

What happened

A community group, Pointes Protection Association, opposed a residential development near Sault Ste. Marie. After its president testified against the project at a planning hearing, the developer sued the group for breach of contract, seeking millions of dollars in damages.

What the court decided

The Supreme Court upheld the dismissal of the developer's lawsuit. It set out the test:

1. The moving party (the person sued) must show the case arises from expression on a matter of public interest.
2. The claimant must then show that:

• the claim has substantial merit;
• the defendant has no valid defence; and
• the harm to the claimant is serious enough that the public interest in letting the case continue outweighs the public interest in protecting the expression.

Why it matters

The law protects people who speak at public meetings, write reviews or post about public issues, without giving a free pass to genuinely harmful statements.

What it means for you

• If you are sued over something you said publicly, ask about an anti-SLAPP motion right away.
• If you are bringing a defamation claim, be ready to show real harm and merit early.

Sources

• 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22 (CanLII)
• Courts of Justice Act, s. 137.1

Read next: Vavilov: How Courts Review Tribunal and Government Decisions

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.