DEFAMATION

A reputation is like glass. Once it is damaged, it is very difficult to repair. Canadian law provides remedies to individuals whose reputations have been harmed by false statements. 

Defamation is a communication about an individual that causes others to think poorly of that person (i.e., brings them into disrepute).  The defamatory communications cannot be made privately but must be communicated to at least one other person. Defamation that is written is referred to as libel. Defamation that is verbal is referred to as slander.

It is important to take swift action when your reputation is endangered. This is particularly the case if the defamation is communicated online such as social media forums or websites.

The threshold inquiry in every defamation action is whether the words that are published are reasonably capable of a defamatory meaning. It is important to know that defamatory statements are presumed to be untrue and that the targeted individual suffered damage as a result. 

Defamation is proven where a plaintiff: 

1) establishes that a communication was published to at least one other person; 

2) the communication referred to the plaintiff; and 

3) the communication was defamatory in that it would tend to lower the plaintiff’s reputation in the eyes of a reasonable person.

Once the Plaintiff proves the elements of the test for defamation, the onus then shifts to the Defendant. The affirmative defences to defamation are truth, fair comment, or qualified privilege.

Speak to a lawyer if your reputation is being harmed by the careless or malicious words of another individual. Do not allow a reputation that has taken a lifetime to build to be damaged without legal recourse. We are skilled advocates in this highly specialized area.