Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

I’ve Heard of Defamation, but What is It?

I’ve Heard of Defamation, but What is It?

By:

Mann Lawyers

Posted January 28, 2020

In law, people have a free-standing right to their good name and reputation in the community. This is particularly important for people who occupy positions of trust, such as teachers, lawyers, doctors, and politicians. When false words are written or spoken that damage someone’s reputation, that person can sue the speaker or author of those false statements in defamation (sometimes referred to as “defamation of character”) to recover damages.

Defamation can either be in writing (libel) or by way of spoken words (slander). In order for a statement to be defamatory, the defamed party (plaintiff) must prove that:

  1. The words about them would tend to lower the plaintiff’s reputation in the eyes of a reasonable person;
  2. The words referred to the plaintiff; and
  3. Words were communicated to at least one other person.

In these cases, the words are deemed false, and the plaintiff does not have to show that the defaming party (defendant) intended to do them harm.

Once the plaintiff has made out a case for defamation, the defendant must put forward a viable defence to escape liability. To successfully defend your interests, your defamation lawyer may put forward a number of possible legal defences, such as:

  1. Justification or “truth”: If the defendant proves that the words are true, then the words are not defamatory, and the action will be dismissed;
  2. Qualified privilege: Where there is a special relationship characterized by a duty to communicate the information and a reciprocal interest in receiving it (for example, where a patient complains to the College of Physicians and Surgeons alleging misconduct on the part of a doctor);
  3. Fair comment: Where the comments are on a matter of public interest, based on facts, and are recognizable as a comment (i.e. opinion); and
  4. Strategic Litigation Against Public Participation (SLAPP): Where the Court finds that the purpose of the lawsuit is to stifle public discourse and suppress public debate on matters of public interest, the Court can dismiss the action.

Defamation law is complex, technical, and at times antiquated. If you are served with a lawsuit or are considering a lawsuit in defamation, there are a variety of notice and limitation deadlines that can affect your rights. It is important not to delay in seeking legal advice. Please free to contact Nigel McKechnie or Scott McLean to discuss your defamation matter in detail.

This blog post was written by Nigel McKechnie, a member of our Employment Law team.  Nigel can be reached at 613-369-0382 or at nigel.mckechnie@mannlawyers.com.

More Resources

Blog |
Employment, Labour, and Human Rights, Commercial Litigation

By: 

Posted May 23, 2023

Both in my commercial and employment litigation practice, I encounter Ontario business owners faced with serious charges laid against them under the Provincial Offences Act[...]
Blog |
Family Law

By: 

Posted May 18, 2023

The recent Supreme Court of Canada decision in Anderson v. Anderson, 2023 SCC 13, provides guidance on domestic contracts and the enforceability of an informal[...]
Blog |
Environmental Law

By: 

Posted May 16, 2023

When many people think of contaminated sites, they think of the usual suspects such as industrial properties and gas stations.  They may not think of[...]
Blog |
Business Law

By: 

Posted May 9, 2023

Often business owners reach a point where they are considering the sale of their business either through the sale of shares or the sale of[...]
Blog |
Family Law

By: 

Posted May 2, 2023

Overview of Tort Claims in Family Matters Tort claims can be made in family law matters, so as to prevent a multiplicity of proceedings and[...]
Blog |
Employment, Labour, and Human Rights

By: 

Posted April 25, 2023

In a case that recently was decided from the Court of Appeal of Ontario called Celestini v Shoplogix Inc., 2023 ONCA 131, the Court had[...]

Subscribe to Our Newsletter

"*" indicates required fields

Name*
Consent*
This field is for validation purposes and should be left unchanged.