Defamation is a legal matter of significant concern in Canada, as it pertains to protecting one’s reputation from false statements that can cause harm. Defamatory statements can fall into two categories: slander or libel. Slander refers to spoken defamation, while libel encompasses written defamation. In this article, we will explore the key aspects of defamation in Canada, including the types of defamatory statements, the requirement for publication, and the legal implications. We will also discuss the significance of damages in defamation cases and provide links to relevant Canadian legal resources.
Types of Defamatory Statements: Slander and Libel
Defamation claims in Canada revolve around two primary types of defamatory statements:
- Slander: Slander refers to spoken defamatory statements. These statements are typically transitory and spoken in conversation, making them more challenging to prove in court. Witnesses or evidence like recorded conversations are crucial when dealing with slander cases.
- Libel: Libel, on the other hand, pertains to written defamatory statements. It covers a wide range of written forms, including statements in newspapers, magazines, books, leaflets, signs, and, in our digital age, on social media platforms like Twitter, Facebook, and YouTube. Libel is generally considered more harmful due to the lasting impact of written words.
Publication Requirement
For a defamation claim to be valid, the defamatory statement must be read or heard by individuals other than the subject of the statement. This publication requirement is essential in establishing that the harmful statement was made public. Examples of situations where the publication requirement may be met include:
- Media: Statements made on television, radio, or published in newspapers and magazines are considered published to a broad audience.
- Written Material: Defamatory statements on leaflets, signs, or in written documents.
- Verbal Conversations: Spoken statements in loud conversations can qualify as publication if witnesses can attest to them.
- Gossip: Even casual gossip can be considered publication if it can be substantiated with evidence like email chains or the testimony of witnesses.
- Social Media: Defamatory statements on social media platforms such as Twitter, Facebook, YouTube, and others are accessible to a wide audience and constitute publication.
Defamation Laws in Ontario
In Ontario, it’s worth noting that you do not have to prove damages to bring a defamation lawsuit. Unlike some jurisdictions where proving actual harm is required, the mere act of making a defamatory statement can be sufficient grounds for a lawsuit. The court, however, may consider the seriousness and extent of the defamatory statement in assessing the damages awarded to the plaintiff.
The court may take into account factors such as the following when determining damages:
- The gravity of the defamation
- The reach and visibility of the defamatory statement
- The extent to which the plaintiff’s reputation was damaged
- Whether most people would believe the defamatory statement
- Whether any real harm came to the plaintiff as a result of the defamatory statement being made public
In cases where the court is persuaded that the defamatory statement had minimal impact, damages may be reduced or not awarded at all.
Understanding defamation in Canada is crucial for anyone concerned about protecting their reputation or pursuing legal action for harm caused by false statements. Whether it’s slander or libel, the publication requirement, and the legal framework, being informed about defamation laws and remedies is essential. If you believe you have a defamation claim, consulting with a qualified legal professional is advisable to assess your specific situation and explore potential legal avenues.
If you believe you have been defamed, it is important to contact the lawyers at Vice & Hunter LLP. Our lawyers can help you:
- review the facts;
- determine if you have an action;
- provide you with an assessment of the monetary value of your damages; and,
- provide you with realistic and pertinent advice.
These cases can be difficult to litigate. Defamatory statements are repeated in court in the course of the litigation. It can be stressful and overwhelming at times. We can help.
Additional Legal Resources in Canada
For more detailed information and guidance on defamation in Canada, you can refer to the following Canadian legal resources:
- The Canadian Bar Association (CBA): The CBA provides extensive information on various legal topics, including defamation in Canada.
- LexisNexis Canada: LexisNexis offers a comprehensive database of Canadian legal materials, including case law, statutes, and legal commentary related to defamation.
- CanLII (Canadian Legal Information Institute): CanLII is an invaluable resource for accessing Canadian case law and legislation, including defamation cases.
- Ontario Bar Association: The Ontario Bar Association offers valuable resources and information for legal professionals and the public, including articles on defamation laws in Ontario.
Contact Vice & Hunter LLP For Legal Support
Our general litigation lawyers help people with defamation matters all over Ottawa and surrounding parts of Ontario. Call us at 613-701-0898 or 866-252-0670 toll-free or fill out our online form below.