Practice Area
Defamation in Ontario
Understanding Defamation
Defamation refers to any form of communication that can diminish the reputation of an individual in the eyes of the general public. This includes both written statements (libel) and spoken words (slander) that unjustly cause an individual to be shunned, avoided, or looked down upon by others.
Remedies for Defamation
Victims of defamation typically seek one or both of the following remedies:
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Monetary Compensation: Financial reparation for the harm done to the individual's reputation.
Retraction Order: A court directive requiring the offender to withdraw the defamatory statement publicly.
How to Prove Defamation in Small Claims Court
To win a defamation case in Small Claims Court, the plaintiff must demonstrate the following:
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Publication: The defendant must have made the statement to a third party.
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Defamatory Nature: The statement must be shown to lower the plaintiff's reputation in the view of a reasonable person, leading them to be regarded with hatred, contempt, fear, or ridicule.
The Libel and Slander Act Rules
Under the Libel and Slander Act, plaintiffs must adhere to specific procedures:
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Notice of Complaint: Plaintiffs are required to send a written notice to the publisher of the defamatory statement within six weeks of becoming aware of the alleged libel. This notice should detail the complaint thoroughly.​
Failure to comply with this notice requirement can prevent the action for defamation from proceeding in court.
Justification Involving Truthful Statements: A key defense against a defamation claim is justification, which involves proving the truth of the defamatory statements. Truthful statements, even if they harm an individual's reputation, are not considered defamatory if they reflect the individual's actual behavior. This defence necessitates a careful and accurate pleading, emphasizing the "sting of the words" rather than the literal statements alone.
Conclusion
While Small Claims Court offers a venue for seeking monetary damages for defamation up to $35,000, it does not facilitate orders for the retraction of defamatory statements. Individuals prioritizing the removal of such statements or seeking higher damages may need to approach the Superior Court of Justice. Understanding and navigating the complexities of defamation law requires careful preparation and, often, professional legal assistance. Contact us today for a free consultation.
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