What are the hallmarks of a strategic lawsuit against public participation?
Ontario, Canada
The following excerpt is from Smith v. Nagy, 2021 ONSC 4265 (CanLII):
The classic hallmarks of strategic lawsuit against public participation include the plaintiff’s past use of litigation or threats of litigation to silence critics; a power imbalance favouring the plaintiff; an improper motive for the lawsuit; and the absence of any meaningful damages as a result of the conduct by the defendant that gave rise to the lawsuit: Platnick v. Bent, at para. 99.
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