The appeal of a local landlord's lawsuit against a city activist has been thrown out by the Ontario Court of Appeal.
The court unanimously rejected Brian Karam’s appeal of the decision to throw out his lawsuit against activist Albert Galpin, Friday.
Karam sued Galpin in 2009 for economic interference and excessive access to information requests after Galpin lobbied to have the parole office in Karam’s building moved.
“It’s a great victory, we’re all really pleased,” said Galpin.
Galpin has lobbied hard, since 2004, to have the Gilmour Street parole office moved because he says it’s too close, by law, to Elgin Street Public School.
He said he filed several access to information requests, which he said he was told to do by Corrections Canada.
Karam filed the lawsuit against Galpin in 2009. It was thrown out by a judge in May.
The judge ruled requesting access to information is a democratic right, and that even being persistent doing so is not unlawful.
Karam then appealed the decision to throw out the lawsuit in September.
According to Galpin, the appeal was thrown out on Friday and he was awarded costs from Karam.
Galpin complained in September that the lawsuit qualified as a so-called “SLAPP” lawsuit, or strategic litigation against public participation.
These kinds of lawsuits are typically from powerful plaintiffs that make claims against their accusers simply to intimidate them and burden them with legal costs.
Galpin said he hoped the government would now focus on moving the parole office.
After several delays, the office is now scheduled to move in spring 2011.