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Brian Radnoff (Partner, Toronto) recently spoke with Advocate Daily for an article titled “Anti-SLAPP legislation shouldn’t be used in defamation case.” The article analyzes a recent claim for $210 million in damages made against the CBC by a fast food chain. The claim is based on a report aired on consumer affairs program Marketplace, which claimed the chain’s chicken sandwiches were only 50% chicken, the rest being soy protein. Counsel for the CBC argued the lawsuit is an attempt to muzzle the CBC and should, therefore, be considered a strategic lawsuit against public participation (SLAPP).
“Why should we have legislation that permits this type of motion in these types of circumstances?” says Radnoff. “This was not the problem this legislation was designed to stop. The legislation is so broad that it applies in situations like this where the lawsuit is not going to silence the defendant.”
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