Grigoras Law · Toronto · Las Vegas · Litigation Saturday, 25 April 2026
Reputation Torts

Defamation Law. Toronto defamation lawyers for individuals, professionals and businesses.

Legal usage · from Latin diffamare, "to spread abroad by report" The publication to a third party of a false statement concerning another that tends to lower the person's reputation in the eyes of a reasonable member of the community. A civil wrong encompassing libel (permanent form) and slander (transient form), subject to recognized defences including justification, fair comment, privilege, and responsible communication.

Grigoras Law's Toronto defamation lawyers act for plaintiffs and defendants across Ontario in libel, slander, and online reputation disputes. We represent individuals, professionals, businesses, and media organizations, moving quickly with injunctions, anti-SLAPP motions, and content removal where the facts call for it.

What we do

Defamation services.

Our work falls into three groups; namely, building claims for plaintiffs whose reputations have been harmed by false statements, defending claims brought against publishers and individuals, and the procedural and strategic work that these files demand. Each item below links to the longer write-up.

Representative work

Selected matters.

Matters below are representative of defamation work the firm has handled. Identifying details have been generalized where appropriate. Case results vary. Past outcomes do not predict future results.

ON SCJ Reported decision

Successful anti-SLAPP motion, 2024 ONSC 792

Motion granted under s. 137.1 of the Courts of Justice Act; claim dismissed at an early stage on public-interest grounds. The case digest has been published in Watson & McGowan's Ontario Civil Practice 2025.

Read on CanLII
Published Decision
Media Relations Time-sensitive response

Media inquiries on government-contract scrutiny

Strategic counsel in responding to high-profile media inquiries. Coordinated right-of-reply positioning, responsible communication fact-check materials, and pre-publication engagement with reporters and editors.

Media Relations
ON SCJ Employment crossover

Dismissal dispute with sexual-misconduct allegations

Counsel in a defamation claim arising from a disputed termination where the employer's internal and external communications alleged serious misconduct. Careful attention to qualified privilege and the bounds of responsible workplace communication.

Workplace
ON SCJ Public interest defence

Contentious municipal election campaign

Counsel in a defamation claim arising from statements made during a municipal election. Matters of this kind sit at the intersection of political speech, fair comment, and responsible communication, and benefit from clear-headed pleadings that anticipate a potential s. 137.1 motion.

Political Speech
ON SCJ Complaint escalation

False police complaints

Counsel in a defamation claim arising from false reports to police. Matters involving complaints to authorities implicate qualified privilege, malice, and the unusual limitation-period questions that arise when a complaint is not made public until disclosure in a later proceeding.

Defamation
Platform work Cross-platform coordination

Removal of defamatory social-media posts

Counsel to a client involving removal of defamatory content across multiple social media platforms. Work included evidentiary capture, policy-based takedown notices, host-level escalation where platform-level review failed, and coordinated search de-indexing to reduce residual visibility.

Platform Takedown
Insights & coverage

Media & publications.

Long-form analysis of defamation doctrine, procedure, and the defences that shape how these files are run. Written for lawyers, in-house counsel, and clients who want to understand the reasoning behind the positions we take.

Latest articles

The four most recent articles the firm has published on defamation. Earlier articles are in the Information Portal under Defamation.

October 2026

Removing a Defamatory Post from Google and Social Media in Ontario

What the platforms do with a complaint, why a court order is usually the only thing they act on, and the steps from the demand letter to the judgment that gets the content taken down.

August 2026

Fair Comment: How to Write Opinions, Reviews, and Criticism That Are Protected from Defamation Claims

Every day Canadians publish harsh opinions in Google reviews, Facebook posts, tweets, and blog posts. Most of it is lawful, because Canadian law contains a defence built to protect exactly this kind of speech. But the fair comment defence is not automatic; it protects opinion rather than fact, it requires accurate and disclosed factual foundations, and it can be destroyed by malice. This article explains how the defence works and…

April 2026

What Is a SLAPP Lawsuit? How Ontario’s Anti-SLAPP Law Protects the Right to Speak Out

Imagine being sued because you spoke up. SLAPPs, Strategic Lawsuits Against Public Participation, are civil proceedings launched by well-resourced plaintiffs to silence critics through the cost and stress of litigation rather than to recover real damages. Ontario's Protection of Public Participation Act gives defendants a way to have these proceedings dismissed at an early stage. This guide explains what SLAPPs are, how the anti-SLAPP motion test works, what the Supreme…

April 2026

Limitation Periods in Ontario: How Long Do You Have to Sue?

If someone has wronged you, there is a period of time within which you can sue, and once it has passed, it has passed for good. Ontario's limitation periods framework sets a two-year basic deadline running from discovery, and a fifteen-year ultimate cap. But the rules are less simple than they look. This guide explains when the period starts, when it can be paused, how specific claims like defamation, personal…

The law, explained

A practitioner's guide to defamation in Ontario.

Long-form analysis of the doctrine, including the three elements of the cause of action, the defences that shape most of the live argument, the remedies and procedure available, and the distinction between libel and slander. Written as a reference. Updated periodically.

Chapter One

Understanding Defamation.

What the tort protects, the three elements of the cause of action, and the particular considerations that apply to publication in the digital environment.

What Is Defamation?

Defamation law in Ontario gives an individual or a corporation a remedy when a false statement harms its reputation. Defamation is the publication of a false statement that tends to lower a person's reputation in the eyes of a reasonable person. The tort comprises libel (a statement in written or other permanent form) and slander (a spoken or otherwise transient statement).

Defamation law balances two interests, the protection of reputation and freedom of expression, which is protected by the Charter of Rights and Freedoms. The courts reconcile them by imposing liability for falsehoods while leaving room for public debate, fair comment, and honest reporting.

The protection of reputation is of fundamental importance to our democratic society. But so too is freedom of expression. The modern law of defamation must balance these two values. McLachlin C.J. · Grant v. Torstar Corp.

Defamation claims can arise in numerous settings, including social media posts, news articles, opinion pieces, internal corporate memos, workplace discussions, and televised broadcasts. A statement can be defamatory even if it appears as a suggestion or insinuation. The remedies against a liable defendant range from damages to an injunction against further publication. The firm's defamation and reputation management group covers the claim, the defence, and the removal work that sits beside both.

Elements of a Defamation Claim

To establish a prima facie case of defamation, the plaintiff must prove the three elements set out below.

  1. A defamatory statement. Words that would cause a reasonable, right-thinking person to think less of, despise, or ridicule the subject, whether stated directly or by innuendo. Courts examine the "sting" of the words; namely, the harmful imputation at the heart of the expression. Minor insults or name-calling without serious reputational consequence may not suffice.
  2. Reference to the plaintiff. The statement must identify the plaintiff, either by explicit identification or by inference. The plaintiff need not be named outright; defamation can arise if listeners or readers would recognize that the statement targets the plaintiff due to surrounding circumstances or identifying details. The test is whether a reasonable person would make the connection.
  3. Publication. The statement must have been communicated to at least one person other than the plaintiff. A statement shared only with the plaintiff cannot ground a defamation action, no matter how offensive.

Once those elements are established, falsity is presumed, and in libel cases, damages are presumed without proof of actual loss. The burden then shifts to the defendant to establish one of the recognized defences discussed in Chapter Two.

Context is decisive. A seemingly innocuous phrase in one setting can be defamatory in another if it implies disreputable conduct or moral failing. Conversely, what might appear harsh on its face can be understood, in context, as legitimate comment or obvious hyperbole that no reasonable person would take as fact.

Publication and Communication

Publication means communicating the defamatory statement to at least one person other than the plaintiff. Without third-party communication, a statement cannot found a defamation action.

Online, a single post can reach a wide audience within hours, and the harm grows with it. Liability attaches even if the defendant did not intend extensive circulation; once the statement is accessible to others, it is "published." Canadian courts generally consider material posted on social media or websites to be "published" as soon as it becomes accessible to other internet users, regardless of how many actually view it. Whether the platform itself can be sued is a separate question, answered in our note on Google and platform liability for defamation in Canada.

This can lead to multiple layers of potential liability. Each act of re-publication, such as a share, a forward, or a retweet, may constitute a fresh act of publication attracting its own liability, extending the reach of a defamation claim both in scope and in time. Certain defences or immunities may still apply, including for innocent disseminators who had no knowledge of the defamatory content, but the default rule in Ontario is that anyone who participates meaningfully in bringing a defamatory statement to a third party can be liable. Where the priority is getting the material taken down rather than suing over it, that is the work of our reputation management practice.

Chapter Two

Defending Against Defamation.

Once the plaintiff establishes a prima facie case, the case is usually decided on the defences. Each reflects a policy choice about when expression is protected even at the cost of reputation.

The threshold for a prima facie defamation claim is low; namely, a communication to a third party about the plaintiff that tends to lower the plaintiff's reputation in the eyes of a reasonable person. Most defamation cases are decided on the defences. Ontario law recognizes several defences that protect a defendant from liability even after the plaintiff proves a prima facie case. The overview table below summarizes the principal defences.

DefenceCore requirementDefeated by malice?
Absolute privilegeStatement made in Parliament, judicial proceedings, or recognized official governmental settings.No. Applies even if speaker acted maliciously.
Qualified privilegeDefendant had a moral, social, or legal duty to communicate; recipient had a corresponding interest in receiving it.Yes. Malice destroys the defence.
Justification (truth)The essential "sting" of the statement is substantially true.N/A. Truth is a complete defence regardless of motive.
Fair commentHonestly held opinion on a matter of public interest, based on true facts, recognizable as opinion.Yes. Malice negates the defence.
Responsible communicationPublication on a matter of public interest following responsible verification and fair newsgathering.Yes. Irresponsible conduct negates the defence.
Statutory privilegeFair and accurate report of official proceedings or documents as prescribed by statute.Depends on the statute. Some require good faith.
ConsentPlaintiff explicitly or implicitly authorized the publication of the impugned statement.N/A. Consent extends only to what was authorized.

Absolute Privilege

Absolute privilege is a complete defence in a narrow class of situations in which free communication is treated as more important than reputation. The defence applies even if the speaker acted maliciously or knowingly published a falsehood. Common contexts include parliamentary debates, judicial or quasi-judicial proceedings, and certain high-level executive functions.

Statements made on the floor of the Ontario Legislative Assembly, for example, are fully protected, so that members can speak without fear of civil liability. A similar immunity extends to participants, including judges, lawyers, and witnesses, in judicial settings. The courts accept that the immunity will sometimes protect an unscrupulous statement, and treat frank discourse in these settings as the greater good.

Absolute privilege is limited to recognized official contexts. A witness repeating the same allegations outside the courtroom, or a politician defaming a private citizen in a press release, typically loses absolute privilege and must rely on other defences or face liability.

Qualified Privilege

Qualified privilege provides protection similar to absolute privilege, but the privilege is "qualified" because it can be lost. It arises when the defendant has a moral, social, or legal duty to communicate information to someone who shares a corresponding interest or duty to receive it. Classic examples include reference letters for employees, workplace incident reports, and communications among shareholders regarding a company's affairs. The law encourages candid communication of relevant facts, as long as the speaker acts honestly and without malice.

Malice defeats qualified privilege. If the defendant published out of spite, for revenge, or with reckless disregard for the truth, the defence is lost. Courts look for evidence that the defendant distorted facts or harboured ill-will unrelated to the legitimate purpose of the communication.

Justification (Truth)

Justification, commonly known as the truth defence, holds that an otherwise defamatory statement cannot result in liability if it is substantially true. The defence reflects the principle that defamation law protects a person from false statements rather than from accurate ones, however harmful. If the defendant proves that the allegations are true in substance, the claim fails.

In practice, the defendant must prove the key elements or "sting" of the statement are correct. Minor inaccuracies will not necessarily defeat justification if the central allegations remain substantially true. The burden is on the defendant to prove the truth, which can be difficult where the evidence is thin or the events are complex. Once the court finds the material parts of the statement to be accurate, the plaintiff cannot succeed.

Responsible Communication

The responsible communication defence protects a person, often a journalist or commentator, who publishes on a matter of public interest after responsible inquiry. The law does not penalize someone who researches a story responsibly, seeks the subject's side, and presents the story fairly, even if some details turn out to be wrong.

The Supreme Court of Canada in Grant v. Torstar Corp.2009 SCC 61. The responsible communication test weighs seriousness, public importance, urgency, the reliability of sources, the efforts at verification, whether the subject's side was sought, and the tone of the reporting. established the defence, holding that the public has an interest in receiving information on matters of public concern. The Court set out the factors that bear on responsible conduct, including the seriousness and public importance of the allegation, the urgency of the matter, the reliability of sources consulted, efforts made to verify information, whether the subject's perspective was sought, and the prominence given to any denial or response. The defence is a departure from the pre-Grant common law, under which good faith journalism on public interest matters could be defeated by a single failure to establish justification.

Statutory Privilege

Statute confers a privilege on fair and accurate reports of official proceedings and documents, which protects the publisher from a defamation claim. Parliament and the provincial legislatures have decided that the public should have access to reports of legislative debates, municipal meetings, judicial proceedings, and quasi-judicial inquiries. The privilege generally depends on the report not departing materially from the record and, under some statutes, on the publisher correcting an error when it is found.

Fair Comment

Fair comment protects opinion-based statements about matters of public interest. Unlike justification, which focuses on proving factual truth, fair comment applies to expressions of subjective judgment, criticism, or commentary, provided that four conditions are met.

  1. The comment is on a matter of public interest.
  2. It is based on true or widely known facts.
  3. It can be recognized as an opinion rather than a statement of fact.
  4. It is made honestly, without malice.

The defence allows a critic, a journalist, or any citizen to voice a strong, even hyperbolic, opinion on politics, art, or social policy. Courts consider whether a person could reasonably hold the view, given the facts. Evidence of malice (a hidden or vindictive motive) defeats the defence, because the law distinguishes an honest opinion from an attempt to harm another's reputation.

Consent defeats a defamation claim where the plaintiff expressly or impliedly agreed to the publication. A plaintiff who permitted the defendant to publish, broadcast, or circulate the remarks cannot later complain of what the plaintiff authorized. Written or contractual authorizations are the clearest form of consent, but implied consent can also arise, for example when someone agrees to an interview and knowingly provides negative details about themselves.

Consent is confined to the scope of what the plaintiff intended to allow. If the defendant exceeds that scope, by adding unapproved content, distorting the statement, or disseminating it far more broadly than agreed, the defence may not apply. Consent obtained through coercion or misrepresentation is also invalid.

Notice Requirements

Ontario's defamation legislation imposes notice requirements and short limitation periods for actions against newspapers and broadcasters. The plaintiff must give the publisher or broadcaster written notice of the libel within six weeks after it came to the plaintiff's knowledge, before commencing the action. The notice alerts the defendant, allows a retraction or correction, and may narrow the litigation if the defendant acts promptly.

The limitation period for an action against a newspaper or a broadcaster is three months, shorter than in other civil matters, and a plaintiff who misses it is barred. The courts enforce these periods strictly, on the policy that a defamation dispute should be resolved while the statement and its context are fresh. See our article on notice requirements in Ontario defamation law for the detail. The firm's notice of libel deadline calculator computes the six-week notice date, the three-month limitation period and the two-year general period from the day the publication came to the plaintiff's knowledge, and its checklist covers what the notice must contain and how it is served.

Chapter Three

Remedies and Practical Considerations.

Damages, retractions, injunctions, Ontario's anti-SLAPP framework, and the distinction between libel and slander that still shapes modern practice.

Damages

Damages in libel compensate for reputational loss, console for distress, and vindicate the plaintiff. The proportions vary from case to case. In libel, general damages are presumed without proof of actual loss; slander typically requires proof unless it falls within slander per se categories or a statute removes that requirement.

Courts look at several factors in assessing quantum. The aggravating factors include the seriousness of the allegation; wide or repeated publication; targeting a professional whose reputation is tied to livelihood; evidence that the words were actually believed (for example, regulatory inquiries, lost credit, or changed business relations); and the defendant's conduct in continuing or amplifying the publication. The mitigating factors include a prompt and prominent retraction; an apology published to the same audience; provocation by the plaintiff; the plaintiff's pre-existing reputation; limited actual readership; and the defendant's honest belief in the truth of the statement at the time of publication.

Aggravated damages address the additional emotional harm, distress, or indignity inflicted on the plaintiff by the defendant's conduct, such as where the defendant persisted in the defamation after being told it was false. Punitive damages focus primarily on punishing and deterring misconduct, and are reserved for cases where the defendant's behaviour is so malicious, wanton, or oppressive that mere compensation is insufficient to express the court's condemnation.

Apologies and Retractions

Apologies and retractions can materially reduce exposure in a defamation dispute when they are prompt, unequivocal, and publicized to the same audience with comparable prominence to the original publication. Courts give little weight to efforts that are hedged, "lame and late," or made on the eve of trial.

Under Ontario's Apology ActSO 2009, c. 3., an apology is not an admission of liability and does not void insurance coverage or count toward fault determinations, yet the wording should still be careful and direct.

Under the Libel and Slander ActRSO 1990, c. L.12. A full and fair retraction with the same prominence as the original may restrict recovery to special damages., where a newspaper or broadcaster publishes a defamatory statement in good faith and by mistake, and the defendant promptly issues a full and fair retraction with the same prominence as the original, a plaintiff's recovery may be restricted to actual (special) damages. Headline libel calls for a headline-level retraction; a statement that the publisher is merely "not aware of evidence" supporting the allegations is inadequate. The error itself must be stated plainly.

Injunctions

An injunction in a defamation case is an equitable remedy that stops continued or repeated publication. Ontario courts are reluctant to grant one before trial, because restraining speech before liability is determined encroaches on freedom of expression. To obtain an interlocutory injunction, the plaintiff must satisfy the three-part test from RJR-MacDonald Inc. v. Canada (Attorney General)[1994] 1 S.C.R. 311. The three parts of the test are a serious issue, irreparable harm, and the balance of convenience..

  1. Serious issue. The words must be plainly defamatory and the defendant must have no viable defence. A higher bar than the ordinary interlocutory standard, given free expression concerns.
  2. Irreparable harm. Monetary damages must be insufficient to remedy the harm, often established where the defendant is likely to continue publishing or where reputational damage is ongoing.
  3. Balance of convenience. The harm to the plaintiff from refusing the order must outweigh the harm to the defendant, and to free expression, from granting it.

Post-trial, once the defendant's liability is established, a permanent injunction can prevent renewed circulation of the same false statements. Because an online post can remain accessible indefinitely, an injunction is the remedy that matters most when a defendant persists in repeating the statement.

Anti-SLAPP Legislation

Ontario's anti-SLAPP provisions, in s. 137.1 of the Courts of Justice Act, address "Strategic Lawsuits Against Public Participation," that is, lawsuits filed to silence or intimidate individuals or groups who speak out on matters of public interest. The legislation allows the court to dismiss such a case at an early stage where the defendant shows that the expression relates to a matter of public interest, unless the plaintiff satisfies the court that the claim has substantial merit, that the defendant has no valid defence, and that the harm suffered is serious enough that the public interest in permitting the proceeding to continue outweighs the public interest in protecting the expression.

Once a defendant raises the anti-SLAPP motion, the plaintiff must satisfy the court on each of those points. If the plaintiff fails, the court dismisses the proceeding, and it may award the defendant costs on a full indemnity basis and, where the proceeding was brought in bad faith or for an improper purpose, damages. By allowing the early dismissal of a groundless suit, the provision protects discussion of public affairs while leaving the remedy for a legitimate defamation claim in place.

Slander vs. Libel

Slander generally refers to defamatory statements expressed orally or through other transient forms, as opposed to libel, which typically involves written or more permanent media. Canadian law treats slander and libel alike in most respects. The difference is that slander ordinarily requires proof of actual damage, unless the claim falls within one of the categories of "slander per se," in which harm is presumed.

FormMediumProof of damage required?
LibelWritten, printed, broadcast, recorded, or onlineNo. Actionable per se; damage to reputation is presumed. Includes social media posts and online articles.
SlanderSpoken words, gestures, or other transient formsGenerally yes. Special damages required, except for slander per se categories: criminal allegations, loathsome disease, professional incompetence, and (historically) unchastity.

Slander per se

In slander per se cases, the law presumes damages, just as it does for libel, so the plaintiff need not prove a specific loss. There are four established categories.

  • Allegations of a crime. Accusing someone of a criminal offence.
  • Imputations of loathsome disease. Claiming they suffer from a contagious or shameful illness.
  • Attacks on professional or business reputation. Stating they are unfit or incompetent to carry on their vocation.
  • Imputations of serious moral failing. Historically recognized, albeit applied less frequently in modern litigation.

The rationale is that allegations of this kind are so harmful that damage to reputation is presumed. If the defendant raises a recognized defence, such as truth or qualified privilege, liability may still be avoided despite the presumption. Absent such a defence, a finding of slander per se entitles the plaintiff to at least nominal damages, with the potential for aggravated or punitive damages depending on the circumstances.

Common questions

Frequently asked.

The questions clients ask most often, answered in general terms. For a question about your own matter, the intake form is the way to reach the firm.

Disclaimer. The answers below are general information about Ontario law, not advice about your matter. The firm advises only its clients. If your matter is one the firm may be able to take, the intake form is the place to start.
01

What is the difference between libel and slander under Canadian law?

Under Canadian law, defamation traditionally splits into two categories. Libel concerns written or otherwise permanent forms of defamatory expression, such as books, newspapers, online posts, and even images, and is often "actionable per se," meaning damage to the plaintiff's reputation is presumed. Slander involves transient expressions like spoken words or gestures, which usually require proof of actual harm unless they fall within specific "slander per se" categories (for example, alleging a crime, imputing a loathsome disease, or attacking one's professional competence).

The distinction arose because a written or recorded statement could circulate more widely and last longer, which justified a presumption of damage. A spoken remark was treated as passing and as reaching fewer people, so the courts required proof of loss unless the allegation was so serious that damage could be presumed. Audio and video recordings have blurred the line, but the traditional rules persist and still decide whether damage must be proved.

02

How is publication established, especially in the digital age?

"Publication" in defamation law requires that a defamatory statement be communicated to someone other than the plaintiff. Historically, this meant showing that a letter, newspaper article, or conversation was overheard or read by a third party. Online, the concept is more complicated. A post, even one taken down quickly, can reach a wide audience within minutes, and the harm grows with it. Canadian courts generally consider material posted on social media or websites to be "published" as soon as it becomes accessible to other internet users.

Liability can attach at several levels, as where someone reposts a defamatory post, comments on a shared post, or forwards an e-mail. Each act of sharing or republishing can be a new publication for which the participant is liable, subject to the defences available to a platform or an innocent disseminator without knowledge of the content. Once a third person has read, seen, or heard the communication, publication is established.

03

What does "referring to the plaintiff" mean, and how can I prove it?

For a successful defamation claim, the statement must be shown to "refer" to the plaintiff, whether by direct naming or indirect identification. Under Ontario law, courts ask whether an ordinary, reasonable reader or listener, aware of the surrounding context, would interpret the statement as pointing to the plaintiff. The plaintiff need not be named; reference can arise by implication, by descriptive detail, or from the context.

Proof of reference usually comes from people who read or heard the remarks and understood them to be about the plaintiff, such as colleagues, friends, or members of the community who recognized the plaintiff from a personal trait, a job title, or another identifier. It is enough that a reader or listener, applying common sense, would take the words to apply to the plaintiff. If no one familiar with the circumstances would connect the statement with the plaintiff, the claim fails on this element.

04

Can I be liable for repeating or sharing someone else's defamatory statement?

Yes. In Canadian defamation law, every person who participates in publishing or republishing a defamatory remark can be held liable if there is no valid defence. Even if you are not the originator, say, you merely quote or repost the statement, you may bear legal responsibility. The reasoning is that each repetition adds to the damage, and online content spreads quickly.

Defences may be available. Innocent dissemination protects a person who distributes material in a purely mechanical capacity without knowledge of its content, and a user who removes a statement promptly on learning that it may be defamatory can argue that he or she acted responsibly. A user who adds commentary endorsing or repeating the defamation is outside those defences. A statement that may be defamatory is best not repeated, online least of all.

05

What are Ontario's notice requirements and limitation periods for defamation claims?

Ontario imposes notice requirements and limitation periods so that a defamation dispute is dealt with promptly. If the statement appeared in a newspaper or a broadcast, the plaintiff must serve the publisher or broadcaster with written notice of the libel within six weeks after it came to the plaintiff's knowledge. The notice gives the publisher the chance to investigate and to publish a correction or an apology before an action is started.

The general limitation period in Ontario, which governs most defamation actions, is two years from the day the plaintiff knew or ought to have known of the claim. An action against a newspaper or a broadcaster must be commenced within three months after the libel came to the plaintiff's knowledge under the Libel and Slander Act, which also prescribes how the notice is served. A missed deadline is fatal to the claim, so a plaintiff who has been defamed should act quickly. The firm's notice of libel deadline calculator computes the dates from the day the plaintiff learned of the publication.

06

How does the responsible communication defence protect journalists and other communicators?

The responsible communication defence was created to balance the protection of reputation against freedom of expression on matters of public interest. Rooted in the Supreme Court of Canada's ruling in Grant v. Torstar Corp., the defence is available to a journalist, a blogger, an advocacy group, or anyone else who publishes on a matter of public interest, provided the publisher acted responsibly.

Courts weigh several criteria in assessing whether the defendant acted responsibly. These include the public importance of the story, the urgency or timeliness of the report, the reliability of sources consulted, and whether the publisher attempted to verify allegations by seeking the plaintiff's side of the story. By protecting a publisher who made a real effort to investigate and to report fairly, the defence serves the public interest in the discussion of important matters, which the fear of a defamation suit would otherwise chill.

07

When should I consider issuing an apology or retraction, and how does it impact damages?

A prompt apology or retraction reduces the harm done by a defamatory statement and may reduce the damages a court awards. An apology does not absolve the defendant of liability, but it shows an acknowledgment of the error and a willingness to correct it, which the court takes into account in mitigation, especially where the apology or correction is published with the same prominence as the original statement.

Timing matters. An apology offered soon after the defendant learns of the falsehood carries more weight than one made weeks or months later. The court looks for words that retract the false statement without qualification and express regret, rather than an "if you were offended" statement. The retraction must also reach the audience that saw the original publication; a buried correction mitigates little.

08

How does Ontario's anti-SLAPP legislation help if I'm sued for speaking out on public issues?

Ontario's anti-SLAPP provisions, in s. 137.1 of the Courts of Justice Act, are meant to stop a defamation suit from being used to silence expression on a matter of public interest. SLAPP stands for "Strategic Lawsuits Against Public Participation," and such an action is brought to exhaust the defendant's resources or to frighten the defendant into retracting a statement on an environmental, political, or community matter. A defendant may move for the early dismissal of an action where the expression relates to a matter of public interest.

If the plaintiff cannot show that the claim has substantial merit, that the defendant has no valid defence, and that the harm is serious enough to outweigh the public interest in the expression, the court dismisses the action. The defendant is then presumptively entitled to costs on a full indemnity basis, and may be awarded damages where the action was brought in bad faith or for an improper purpose. The provision protects advocacy and criticism in Ontario by making a groundless suit expensive for the party that brings it.

09

What is the difference between civil and criminal libel in Canada?

Though less common today, criminal libel remains part of the Canadian Criminal Code, while civil libel arises under provincial and common law rules providing remedies such as damages or injunctions. Criminal libel involves statements considered so injurious to public order or individuals' reputations that the state prosecutes the offender, potentially imposing fines or imprisonment. Civil libel, by contrast, is initiated by the injured party seeking compensation and does not carry criminal penalties.

The Charter of Rights and Freedoms influences both domains through section 2(b), which protects freedom of expression. Courts have interpreted this protection to require that any limitations on speech, whether imposed by criminal law or civil liability, be justified by a clear need to safeguard another significant interest, such as reputation or social peace. The Charter's protection of expression guides how judges interpret and apply both the criminal and the civil law of libel.

10

What is slander per se, and how does it differ from other slander or libel claims?

Slander per se refers to certain oral defamatory statements deemed so inherently damaging that the plaintiff need not prove specific harm to reputation or finances. In Ontario, and broadly throughout Canada, slander per se covers four categories; namely, accusations of criminal activity, imputations of a contagious or "loathsome" disease, statements attacking one's professional competence, and imputations of serious moral failing.

When a claim qualifies as slander per se, the law presumes damages. Once the plaintiff shows that the statement falls within one of those categories, harm to reputation is presumed, which simplifies the plaintiff's burden. Despite that distinction, slander per se can still be defended against using standard defences like truth, qualified privilege, or fair comment. Libel, meanwhile, is written or permanent defamation, often presumed to cause damage without requiring the plaintiff to prove specific losses.

11

Can a corporation or business sue for defamation in Canada?

Yes. Under Canadian law, corporations and other business entities can bring defamation actions when false statements harm their reputations. A corporation's reputation affects its customers, its sales, and its commercial relationships. The same elements apply; namely, the plaintiff must show that the statement was defamatory, was published, and referred to it.

Unlike individuals, however, corporations often face scrutiny when seeking general damages for loss of reputation. Courts sometimes expect more concrete evidence of economic harm or other measurable impact. While defamation law traditionally presumes damage in libel cases, corporations often bolster their claims by demonstrating lost contracts, declines in revenue, or reputational setbacks. Evidence of a direct or probable business loss strengthens the claim.

12

How do aggravated damages differ from punitive damages in defamation lawsuits?

In Canadian defamation law, aggravated damages and punitive damages both exceed basic compensation for reputational harm, but they serve distinct purposes. Aggravated damages address the additional emotional harm, distress, or indignity inflicted on the plaintiff by the defendant's conduct, for example where the defendant persisted in the defamation after being told it was false. They increase the award to reflect the manner in which the defamation was carried out.

Punitive damages focus primarily on punishing and deterring the defendant's misconduct. They are awarded when the defendant's behaviour is so malicious, wanton, or oppressive that mere compensation is insufficient to express the court's condemnation. Both can be awarded in the same case, and the courts reserve them for conduct that goes well beyond carelessness.

13

What if I don't know who made the anonymous defamatory statement?

A defamation action is more complicated when the publisher is anonymous, as with an anonymous blog post or a social media account. The courts recognize that a plaintiff may need to identify an anonymous wrongdoer. One route involves a Norwich Pharmacal order (or similar John Doe proceeding), which requires an innocent third party, often an internet service provider, website host, or social media platform, to disclose information that may reveal the defendant's identity.

Courts balance the plaintiff's right to protect their reputation against privacy and freedom-of-expression considerations. If the plaintiff shows a strong prima facie case that the statement is defamatory and they cannot identify the user otherwise, the court may order that relevant records or data be released. With that information, such as an IP address or the details of an e-mail account, the plaintiff can amend the claim to name the individual.

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Is there a way to resolve a defamation dispute without going through a full trial?

Yes. Most defamation actions do not reach trial. The usual route is a negotiated settlement, which may include a retraction, an apology, or a payment. An agreed-upon corrective statement in a widely circulated medium may alleviate the harm caused by the defamatory remarks. In return, the plaintiff might waive any further legal claims.

Mediation is another option, where a neutral mediator facilitates dialogue in a confidential setting. Mediation lets the parties agree on remedies a court might not order, such as a clarification or the removal of particular online statements, and keeps the legal fees down. Arbitration is less common in defamation but is available where both parties agree to it. Each of these routes preserves the parties' control over the outcome and contains the cost.

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Is a Toronto lawyer the same as an attorney?

Yes. Ontario licenses lawyers; the role an American client would call a defamation attorney is a defamation lawyer here, and the same person does the work. Denis Grigoras is admitted in Ontario and in Nevada, so a client in the United States who has been defamed in a publication that reaches Ontario, or who has been sued here over one, is dealing with counsel admitted on both sides of the border.

If that is your situation, the firm's page for American clients covers cross-border litigation in the Superior Court of Justice and enforcing a U.S. judgment in Ontario, and the firm's Nevada practice handles online defamation and right of publicity matters under Nevada law.

Start your file

A defamation file runs against two (2) periods, the limitation period and the time it takes a statement to spread, and the second is usually the shorter.

For a plaintiff, every day a defamatory statement remains accessible adds to the damage, in search results, in client relationships, and in how people remember a business or a person. For a defendant, a claim can be brought to silence legitimate speech, to extract a settlement, or to gain an advantage in an unrelated dispute. Grigoras Law acts for both sides. We assess the facts quickly and say what the law can do.

Response: within two (2) business days of an intake the firm can take on Advice: the firm advises only its clients; a page or an intake form does not retain it