Category Archives: Defamation, Libel & Slander

We have previously written about the tort of defamation and some of the defences that can be raised against such a claim, such as absolute privilege and fair comment. In this post, we explore the defence of qualified privilege and how to establish it successfully. The Law of Defamation In a defamation claim, a plaintiff […]

The Superior Court of Justice recently considered a novel claim involving allegations of online defamation in the competitive world of real estate brokerages. The case serves as a warning to brokers of record who may face personal liability for the online actions of employees of their brokerages. The plaintiff in Athanasiou v. King was a […]

It is established law that corporations, like individuals, can sue when they are defamed, but the damages to which a successful corporation may be entitled are generally calculated differently. The recent decision of the Court of Appeal in James Bay Resources Limited v. Mak Mera Nigeria Limited provides a helpful outline of the principles that […]

We have previously written about Norwich orders and the requirements for obtaining one from a court. Earlier this year, the Ontario Superior Court of Justice released a decision analyzing this remedy in the context of a complex online defamation dispute. Dispute Arose From Petition Published on the Change.org Website The case of Lesser v. Meta […]

The Ontario Court of Appeal’s decision in Universalcare Canada Inc. v. Gusciglio provides important guidance on how courts should approach anti-SLAPP motions under section 137.1 of the Courts of Justice Act. In particular, the case underscores that courts must conduct a structured and thorough analysis when deciding whether to dismiss a defamation action at an […]

Defamation is a powerful legal concept designed to protect an individual’s reputation. But what happens when that protection clashes with another fundamental right: freedom of expression? The law recognizes that not every negative statement is defamatory, especially when it’s an opinion on a matter of public interest. This is where the defence of “fair comment” […]

We have previously written about “anti-SLAPP” motions brought in the context of defamation claims.  “SLAPP” is an acronym for Strategic Lawsuit Against Public Participation.  An “anti-SLAPP” motion is a court application brought to seek the dismissal of a claim for defamation on the basis that it constitutes such a strategic lawsuit.  Generally, the argument underlying […]

We have previously written about what a plaintiff must establish to bring a claim for the tort of defamation successfully. Various defences are available to parties sued for defamation, including fair comment and qualified privilege. The Superior Court of Justice recently considered another defence to such a claim: “absolute privilege.” The case offers a useful […]

We previously wrote about defamation actions brought by a Guelph medical diagnostic clinic and its owner in relation to a series of tweets that allegedly cast them in a negative light.  In the tweets, the defendant, “SEB,” made statements suggesting that the plaintiff supported homophobia and that gay residents in the City had to seek […]

In today’s digital age, where information spreads like wildfire, safeguarding one’s reputation has never been more important. Individuals now have the power to make defamatory statements about someone by simply typing a few words and hitting “send” or “post.” As a result, defamation claims are a common cause of action, as false statements about a […]