Defamation and Reputation Litigation
A false statement made about your business or your reputation can spread faster than it can be corrected. Our defamation lawyers represent organizations and individuals in Ontario and British Columbia who need to protect their reputation, stop harmful statements from continuing, or defend against a defamation claim that should not have been brought.
Speak With a Defamation LawyerWhat Is Defamation?
Defamation is the publication of a false statement of fact that damages a person's or organization's reputation. In Ontario and British Columbia, defamation law divides into two categories: libel and slander. Libel refers to defamatory statements in permanent form, such as written text, online posts, emails, or broadcast media. Slander refers to spoken statements. The distinction matters in some contexts, but both are actionable where the core elements are established.
To succeed on a defamation claim, a plaintiff must generally show that the defendant made a statement, that the statement was published or communicated to at least one person other than the plaintiff, that the statement referred to the plaintiff, and that the statement would tend to lower the plaintiff's reputation in the estimation of reasonable people. Once those elements are established, the statement is presumed to be false and to have caused damage. The burden then shifts to the defendant to raise a defence.
Defamation of character in Ontario and BC can arise in many contexts: online reviews, social media posts, statements made to clients or colleagues, press releases, media coverage, or statements made in the course of a business dispute. The medium matters less than whether the statement meets the legal test.
Libel and Slander: Understanding the Distinction
Libel
Defamation libel involves defamatory statements in permanent or recorded form. Written articles, online posts, emails, published letters, broadcast statements, and social media content all fall into this category. In Ontario, the Libel and Slander Act imposes specific procedural requirements on libel claims against newspapers and broadcasters, including a notice requirement that must be met within a short window of discovering the publication. A defamation lawyer can advise on whether those requirements apply and how to meet them.
Slander
Defamation slander involves spoken defamatory statements. Proving slander can be more challenging than proving libel because the statement is often not recorded and the evidence depends on witness recollection. In most slander cases, the plaintiff must also prove actual financial loss, unless the statement falls into one of the categories where damage is presumed, such as statements that falsely accuse someone of a criminal offence or that cause harm in their trade, business, or profession.
Online Defamation
Online defamation has become one of the most common forms of reputation litigation. False reviews on Google or industry platforms, defamatory posts on social media, anonymous online statements, and damaging content published through websites or forums can all give rise to claims. Online defamation often involves identifying anonymous publishers, obtaining takedown orders, and moving quickly before content spreads further. Our defamation lawyers, including slander lawyers and libel lawyers, have experience with all of these steps.
Defamation claims are time-sensitive. The longer harmful content remains published, the more damage accumulates. Call us to understand your options.
1-800-771-7882 Talk to a Slander Lawyer or Libel LawyerInjurious Falsehood: When False Statements Target Your Business
Injurious falsehood, sometimes called trade libel or malicious falsehood, is a related but distinct cause of action that applies when a false statement is made about a person's goods, services, or business rather than about the person themselves. It requires that the statement was false, that the defendant made it maliciously, and that the plaintiff suffered actual financial loss as a result.
The distinction between defamation and injurious falsehood matters because the elements and the available defences differ. A statement that says "this company's product does not work" targets the product, not the business owner, and may be more accurately framed as injurious falsehood. A statement that says "this company is run by fraudsters" attacks the reputation of the business and the people behind it and may support a defamation claim. In practice, both causes of action are often pleaded together where the facts support it.
Injurious falsehood is particularly relevant in competitive business disputes where a competitor makes false statements to the market about a rival's products, pricing, reliability, or financial stability. Our defamation and reputation litigation lawyers advise on both causes of action and which framing gives the strongest position.
Defences to a Defamation Claim
Defamation law recognizes several defences that, if established, can defeat a claim entirely. Understanding those defences is important both for plaintiffs assessing the strength of their case and for defendants evaluating their position.
Truth (Justification)
If the statement is substantially true, it is not defamatory. Truth is a complete defence. The defendant bears the burden of proving that the statement was true, which can be a significant evidentiary undertaking depending on the nature of the allegation.
Fair Comment
Statements of opinion on matters of public interest are protected if they are based on facts that are true or privileged, they are recognizable as opinion rather than fact, and an honest person could hold the view expressed. Fair comment is frequently raised in response to critical reviews, editorial commentary, and public criticism of businesses and their products.
Absolute and Qualified Privilege
Statements made in certain contexts are protected regardless of their content. Statements made in the course of court or tribunal proceedings, in Parliament or a legislature, or between parties who share a common interest in the subject matter of the communication may attract absolute or qualified privilege. Qualified privilege can be defeated by malice, meaning the defendant's dominant purpose was to harm the plaintiff rather than to serve the protected interest.
Responsible Communication on Matters of Public Interest
Journalists and publishers may raise this defence where they have published on a matter of genuine public interest and have acted responsibly in verifying the information before publication. This defence reflects the importance of press freedom but does not protect reckless or irresponsible publication.
Anti-SLAPP Legislation
Ontario's Protection of Public Participation Act allows defendants to bring an early motion to dismiss a defamation claim that arises from expression on a matter of public interest. If the defendant succeeds, the claim is dismissed and significant costs are awarded against the plaintiff. This legislation is an important tool for defendants facing claims that appear designed to silence legitimate public commentary. A defamation lawyer can advise on whether an anti-SLAPP motion is available and whether it is the right strategic step.
Whether you are pursuing a claim or defending one, the legal analysis in defamation matters is fact-specific and moves quickly. Get advice before you act.
1-800-771-7882 Get Advice From a Defamation LawyerRemedies in Defamation and Reputation Litigation
Damages
In defamation cases, general damages are available to compensate for harm to reputation, hurt feelings, and loss of standing in the community. Special damages may be claimed for provable financial losses directly caused by the defamatory statements. In cases of particularly egregious conduct, aggravated or punitive damages are also available.
Injunctions
Where defamatory content is ongoing or there is a credible threat of further publication, a court may grant an injunction requiring the defendant to remove the content or to refrain from further publication. Injunctions in defamation cases involve a careful balancing of reputation interests against freedom of expression, and courts apply a specific legal test before granting them. Moving quickly increases the likelihood of success.
Takedown Orders and Platform Notices
In online defamation matters, obtaining the removal of harmful content is often the most urgent priority. This may involve platform reporting processes, court orders directed at the publisher, or, in cases involving anonymous defendants, steps to identify who is behind the statements before proceeding further.
Retractions and Apologies
In some circumstances, a retraction or apology from the defendant is what the plaintiff most needs. A retraction published with the same prominence as the original statement can be part of a negotiated resolution. Under Ontario's Libel and Slander Act, a prompt retraction by a newspaper or broadcaster can also affect the damages available to the plaintiff.
Defamation and Reputation Litigation in Ontario and British Columbia
Ontario
Ontario defamation claims are governed primarily by the common law and by the Libel and Slander Act, which imposes specific notice and limitation requirements for claims against newspapers and broadcasters. The Protection of Public Participation Act provides anti-SLAPP protections that have reshaped how defamation cases are litigated in the province. Claims are heard in the Superior Court of Justice. The basic limitation period is two years from discovery, though the notice requirements under the Libel and Slander Act impose much shorter windows for certain claims.
British Columbia
In BC, defamation claims proceed under the common law and the Defamation Act. BC also has anti-SLAPP legislation under the Protection of Public Participation Act, which mirrors Ontario's approach. The Supreme Court of British Columbia handles defamation matters. The two-year limitation period under BC's Limitation Act applies, subject to the specific notice requirements for claims against newspapers and broadcasters.
We practice in both provinces and regularly advise clients on defamation and reputation matters at every stage, from pre-litigation demand through to trial and injunction applications.
Defamation: Frequently Asked Questions
What is the difference between libel and slander?
Libel involves defamatory statements in permanent form, including written text, online posts, emails, and broadcast media. Slander involves spoken statements. The legal significance of the distinction lies primarily in the proof of damages: libel is generally actionable without proving specific financial loss, while slander usually requires proof of actual damage unless the statement falls into a category where damage is presumed.
Someone posted a false negative review about our business online. Is that defamation?
It may be. A false statement of fact published online that damages your business's reputation can constitute defamation. The key distinction is between a statement of fact, which can be defamatory if false, and a statement of opinion, which may be protected as fair comment. A review that says "their product broke after two days" is a factual allegation. A review that says "I would never recommend this place" is an opinion. The line between them is not always clear and depends on the specific words used and context.
Can an organization sue for defamation?
Yes. Corporations and other organizations can bring defamation claims in Ontario and BC. A business whose reputation has been damaged by false statements about its products, services, management, or financial health may have a claim. Individual officers or directors named in defamatory statements may also have personal claims alongside the organization's claim.
What is an anti-SLAPP motion and should I be worried about one?
A SLAPP is a Strategic Lawsuit Against Public Participation, meaning a defamation claim used to silence or intimidate someone who has spoken out on a matter of public interest. Ontario and BC both have legislation allowing defendants to bring an early motion to dismiss such claims. If the defendant succeeds, the claim is dismissed and significant costs are awarded against the plaintiff. Plaintiffs pursuing genuine reputation claims based on private conduct or commercial disputes are generally not at significant risk from anti-SLAPP motions, but the analysis is fact-specific and worth discussing with a defamation lawyer before filing.
How quickly do I need to act in a defamation case?
Quickly. The general limitation period is two years from discovery, but for claims against newspapers and broadcasters, the Libel and Slander Act in Ontario and BC imposes notice requirements that must be met within days or weeks of discovering the publication. Missing those windows can bar the claim entirely. Even outside those specific contexts, acting promptly is important to preserve evidence, prevent further publication, and protect your ability to obtain injunctive relief.
I have been served with a defamation claim. What should I do?
Get legal advice immediately. Defamation claims are time-sensitive once served and the defences available to you, including truth, fair comment, privilege, and anti-SLAPP, need to be assessed and raised properly. Do not publish any further statements about the plaintiff while the matter is active and preserve all records of the original statement and the context in which it was made.
What is defamation of character in Ontario?
Defamation of character in Ontario refers to the publication of a false statement that lowers a person's reputation in the eyes of reasonable people in the community. It includes both libel and slander and is governed by the common law and the Ontario Libel and Slander Act. To succeed, the plaintiff must show the statement was published to a third party, referred to them, and was defamatory in the legal sense. Truth is a complete defence.
Do you handle defamation matters in Toronto and across Ontario?
Yes. We act on defamation and reputation matters throughout Ontario, including Toronto, and in British Columbia. If you are looking for a defamation lawyer, slander lawyer, or libel lawyer in Toronto or anywhere else in Ontario or BC, we can help with matters at every stage, from demand letters and injunction applications through to trial.
Speak With a Defamation Lawyer
Tell us about your situation. We will follow up promptly to discuss your options. You can also reach us directly at 1-800-771-7882.