The Anti-SLAPP Advisory Panel requested submissions from organizations, including PIAC, and the public to assist them in successfully discussing what the potential content of Ontario legislation against strategic litigation against public participation (SLAPP) should include. PIAC has extensively studied this subject matter, evidenced by its 2004 report titled “Corporate Retaliation Against Consumers: The Status of Strategic Lawsuits Against Public Participation (SLAPPs) in Canada”, in which PIAC provided rationale for the passage of Anti-SLAPP legislation.
In this submission, PIAC, after having thoroughly analyzed existing relevant materials on this phenomenon, recommends several elements that effective Anti-SLAPP legislation should contain. Recommendations particularly stem from analysis of merits and pitfalls of the following sources: the Uniform Prevention of Abuse of Process Act adopted by the Uniform Law Conference of Canada, Model Act on Abuse of Process discussed at the Uniform Law Conference of Canada, Ontario Bill 138, and Quebec Bill 9.
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PIAC Comments on Potential Strategic Litigation Against Public Participation Legislation in Ontario
piac_slapps_submission_ontario_6_august_2010.pdf [size: 0.09 mb]