CIVIL PROCEDURE - Appeals - Quashing or dismissal of - No reasonable chance of success

Law360 Canada ( August 11, 2026, 9:41 AM EDT) -- Appeal by A.T. from order dismissing her application under Protection of Public Participation Act (PPPA) to dismiss D.C.’s defamation action. D.C. sued A.T. after she posted on TikTok that her ex-boyfriend was a “rapist” and later identified D.C. as that ex-boyfriend. A.T. and D.C. were in a consensual sexual relationship in 2019, when they were in high school. In 2021, A.T. saw D.C.’s TikTok content, which she perceived to endorse, normalize and joke about sexual assault and inappropriate sexual conduct. Her posts went viral and were viewed more than 3,000,000 times. D.C. requested removal, then commenced the action. A.T. later gave a police statement which alleged that D.C. sexually assaulted her on two occasions. No charges were laid. On her PPPA application, A.T. relied only on justification. D.C. denied the allegations. The chambers judge found D.C. had shown grounds to believe A.T. had no valid defence and that the public interest weighing favoured allowing the action to continue. On appeal, A.T. argued that the judge misapplied the test, reversed the burden, accepted bare assertions of harm, and failed to properly assess the public interest in her expression....
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