The defendant in a small claims action brought an anti-SLAPP motion to dismiss pursuant to s. 137.1 of the Courts of Justice Act. The deputy judge dismissed the action. The plaintiff appealed the decision on the merits. On appeal, both parties and the Attorney General for Ontario (who was invited to make submissions) made submissions in support of a conclusion that deputy judges of the Small Claims Court have jurisdiction to make orders under s. 137.1. The Court of Appeal held that deputy judges of the Small Claims Court do not have authority to grant orders under s. 136.1 of the CJA and set aside the order dismissing the action.
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