Depp v. Heard script might have ended very differently had it played out on an Ontario stage. That’s because the province's “anti-SLAPP” legislation could have eliminated Depp’s lawsuit in the first act. Opinion by Andrew Monkhouse
The court of public opinion aside, the notorious case of Johnny Depp v. Amber Heard might have ended very differently had it played out on an Ontario stage.
In Ontario, anti-SLAPP motions are heard quickly, usually within 60 days. If Heard won she would have all her legal costs covered by Depp. If she lost, then it is unlikely she would pay any costs. It would have been a win-win for Heard., the employer launched a defamation action against an employee whistleblower. It was dismissed without trial with the court awarding more than $95,000 in costs.
However, no part of the test posed by anti-SLAPP law allows a claim to proceed just because it has merit. All claims that limit public expression can be thrown out, even if someone was, in fact defamed. That’s a big mountain to climb, legally speaking.
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