under s. 4(2)(a)(ii) of the PPPA, grounds to believe Mr. Hansman had no valid fair comment defence? [45] Answering either of these questions in the negative would result in the dismissal of the action. I would answer “no” to both. The Court of Appeal should not have overturned the chambers judge’s findings on the fair comment defence. More significantly, even if Mr. Neufeld had disproved the validity of Mr. Hansman’s fair comment defence, the public interest in protecting Mr. Hansman’s expression mandates dismissal of the underlying action. Before turning to the two questions before the Court, I summarize the applicable statutory framework. A. [46] Section 4 of the PPPA A SLAPP is a tactical action that seeks to suppress expression on matters of public interest. The goal of a SLAPP is not necessarily a legal victory, but a political one: to intimidate and suppress criticism with the threat of costly litigation (V. Pelletier, Strategic Lawsuits against Public Participation (SLAPPs) (and other abusive lawsuits), August 2008 (online), at para. 4). A key feature of a SLAPP is thus the strategic use of the legal system to silence contrary viewpoints. Binnie J. aptly described the problem posed by such litigious tactics in WIC Radio: 2023 SCC 14 (CanLII) (ii) Did the chambers judge err in finding that Mr. Neufeld did not show,

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