The terms libel, slander, and defamation are frequently confused with each other. Defamation is false or untrue communication that results in hurting someone else’s reputation.

Libel and slander are both considered defamatory communications. The difference being libel are written communications (i.e. newspaper article) and slander are oral communications (i.e. TV interview).

Some things to keep in mind about defamatory communications are that:

• The communication can be made about not just people but also about businesses, groups, places, or things (i.e. a product).
• The communication must be made to other people and not just to the person it is about. The simple reason for that is because a person’s reputation could not be harmed if no one had heard about it.
• The communication must end up harming someone else’s reputation.

Suing Someone for Defamation

Under Canadian law, both libel and slander are grounds for a civil lawsuit. In these lawsuits, the Plaintiff will claim that the Defendant has committed a tort (i.e. a wrong) against them such that their reputation has been harmed.

To establish a defamation claim, three requirements must be met:

• the communication was defamatory such that it would tend to harm the Plaintiff’s reputation;
• it was directed at or referring to the Plaintiff; and
• it was communicated to at least one other person.

If someone is successful in a defamation claim, they may be awarded damages. How much in damages can be awarded depends on a number of factors:

• the Plaintiff’s place in the community;
• the nature and seriousness of the defamation;
• the mode and extent of the communication (i.e. how widely the communication was shared);
• whether was an apology or retraction; and
• the behaviour of the Defendant after the communication is made and until the court ruling.

Defences to a Defamation Claim

If you are defending a defamation claim and the Plaintiff is able to establish the three requirements to establish their defamation claim, it is up to you to defend yourself. Generally, those defences to libel or slander claims include:

• True Statements – if the communications / statements you made are actually true;
• Absolute Privilege – if the communications are made in certain proceedings like in court as evidence;  
• Qualified Privilege – if the communications are made in in performing certain duties like if an employer was asked to give to give a reference and they give their honest opinion;   
• Fair comment – if you provide your opinion about issues of public interest;

Defamation law in Canada can be incredibly technical. The above is just a general overview of what it is. For more information on defamation law or pursuing a lawsuit for libel or slander, you should consult a lawyer as soon as possible to ensure that you do not miss any important deadlines. Consider using our free Legal Referral Service.

DISCLAIMER: articles posted in this blog are for informational purposes only. It may not be up-to-date, is not intended to serve as a comprehensive treatment of the topic, and may not be accurate. It shall not be construed as legal advice. No solicitor-client relationship is established from accessing this website and/or webpage. Nothing replaces retaining a qualified, competent lawyer or other legal professional, well versed in this area of the law to provide you legal advice.