Qualicum Nature Preservation Society president seeks dismissal of court case, cites Protection of Public Participation Act

The Qualicum Nature Preservation Society (QNPS) and its president will go before a judge with an application to have a civil claim for defamation dismissed under the B.C. Protection of Public Participation Act (PoPPA).

The original civil claim was filed by developers Richard and Linda Todsen and Todsen Design and Construction in May. The couple said their reputation has been damaged by comments made by Ezra Morse, president of the QNPS, regarding their proposed development at 650 Eaglecrest Drive. 

Two applications for the dismissal were filed on July 6, one for Morse personally and one for the society.

The application relies on the legal basis of legislation passed in 2019, which protects people from strategic lawsuits against public participation (SLAPP).

“The evidence suggests that the purpose of the lawsuit is not to seek legal remedy for any damage to the plaintiffs’ reputation. Rather, the true nature of this lawsuit is to intimidate the defendants and other members of the public who have spoken out against the development proposal,” reads the application filed by Tollefson Law Corporation, on behalf of Morse.

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