Someone is posting defamatory statements about me or my business in Ontario — what can I do?
A defamation claim requires a defamatory statement referring to the plaintiff and published to a third party, but Ontario's notice and limitation rules and the anti-SLAPP regime make early advice essential.
The plaintiff must show that the words were defamatory, that they referred to the plaintiff, and that they were published to at least one other person. Damage is presumed. The defendant then carries the defences: truth, absolute or qualified privilege, fair comment on a matter of public interest, and responsible communication.
Ontario's anti-SLAPP provisions in section 137.1 of the Courts of Justice Act allow a defendant to move early to dismiss where the expression relates to a matter of public interest, and an unsuccessful plaintiff can face a full-indemnity costs award. That risk has to be assessed before a claim is issued.
Timing is tight for libel in a newspaper or broadcast, where notice within six weeks of discovery and an action within three months are required. Preserve the posts with dated screenshots and full URLs immediately.
Source: Libel and Slander Act, R.S.O. 1990, c. L.12 · Courts of Justice Act, s. 137.1
This work is handled by Arjun Vishwanth (Civil litigation). Read more about civil litigation at VK Law Group, or send us the facts and we will tell you where you stand.
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