Defamation in Ontario: Can You Sue for False Statements?

Defamation — publishing false statements that damage someone's reputation — is a recognized cause of action in Ontario. With social media making it easier than ever to spread false information, defamation claims are becoming increasingly common.

What Is Defamation?

Defamation takes two forms:

• Libel: Defamation in a permanent form — written statements, social media posts, online reviews, published articles, photographs
• Slander: Defamation in a transient form — spoken words

To establish defamation, you must prove: (1) the defendant made a statement, (2) the statement was communicated to at least one person other than you, (3) the statement identified you, and (4) the statement damaged your reputation.

Common Defamation Scenarios in Ontario

• False negative Google or Yelp reviews about your business
• Social media posts making false accusations
• Emails or messages containing false statements sent to your colleagues or clients
• Articles or blog posts containing inaccurate defamatory statements
• False statements to an employer resulting in termination

Defences to Defamation

If you're sued for defamation, or if you're assessing the strength of your claim, the main defences are:

• Truth (justification): A true statement cannot be defamatory
• Fair comment: Opinions about matters of public interest are protected
• Privilege: Statements made in court proceedings, legislature, or certain other contexts are absolutely privileged
• Responsible communication: For media defendants reporting on matters of public interest

Damages in Defamation Cases

Damages for defamation can include:

• General damages for injury to reputation
• Special damages for specific financial losses (lost contracts, clients, employment)
• Aggravated damages where the defendant's conduct was particularly high-handed
• Punitive damages in exceptional cases

Courts in Ontario have awarded defamation damages ranging from nominal amounts to hundreds of thousands of dollars depending on the severity, the breadth of publication, and the impact on the plaintiff.