Costs in Anti-SLAPP Motions

In the recent anti-SLAPP decision of Sheridan Retail Inc. v. Roy, 2026 ONCA 347, the Ontario Court of Appeal appears to be trying once again to rein in costs awards to successful defendants in anti-SLAPP motions. In the three years since Park Lawn Corporation v. Kahu Capital Partners Ltd. 2023 ONCA 129, many Superior Court decisions have not followed the Court of Appeal’s guidance that full indemnity costs in anti-SLAPP motions generally should not exceed $50,000. Some SCJ costs endorsements do not even mention Park Lawn. Sheridan Retail involved a real estate development company that sued a defendant for defamation and trespass, after he publicly and vigorously opposed the redevelopment of a mall due to environmental, social, and safety concerns. The Court of Appeal upheld the SCJ decision, dismissing the action as a SLAPP suit, but reduced the costs award from $156,394.54 to $75,000. The Court of Appeal reiterated its guidance from Park Lawn that, “Anti-SLAPP motions are meant to provide a summary and less expensive method of preventing abusive actions. They should not be conducted like trials and accumulate trial-level fees.”