Your reputation is one of your most valuable assets – it shapes your career, your relationships, and how your community perceives you. Whether you’re dealing with a harmful social media post, a misleading online review, or false statements made in a public setting, defamation can have serious and lasting personal and professional consequences.
If you believe your reputation has been unfairly damaged, understanding defamation law in Ontario, including the difference between libel and slander, is the first step toward protecting yourself.
What is Considered Defamation in Ontario?
Defamation occurs when someone makes a statement about another person or business that harms their reputation. Under Ontario defamation law, to succeed in a defamation claim, a plaintiff must generally establish three things:
- The statement would lower the plaintiff’s reputation in the eyes of a reasonable person
- The statement referred to the plaintiff
- The statement was published, meaning it was communicated to at least one third party
Once these elements are proven, Ontario law presumes that the statement caused damage to the plaintiff’s reputation. The burden then shifts to the defendant to raise a valid legal defence.
Libel vs. Slander in Ontario: What’s the Difference?
Defamation takes two forms: libel and slander. Understanding the difference is essential when evaluating a potential claim in Ontario.
Libel: Written Defamation
Libel refers to defamatory statements made in written form. Common examples include:
- Written articles, blog posts, or online reviews (Google, Yelp)
- Social media posts or comments (Facebook, Instagram, TikTok, X/Twitter)
- Emails, text messages, and direct messages
- Newspaper articles or printed publications
- Videos and photographs with defamatory captions
While posts made as “stories” may expire after 24 hours, Ontario defamation law doesn’t treat permanence as a requirement for libel. The legal classification is about the nature of the medium, not how long the content remains available. Such content may be screenshotted or recorded before it expires and republished through sharing with many people in those 24 hours, causing reputational harm and placing it in libel territory.
Slander: Spoken Defamation
Slander refers to defamatory statements made in spoken form, such as a conversation, speech, or verbal comment made in a workplace or public setting. Unlike libel, a person who is slandered in Ontario must also prove “special damages” (actual financial loss suffered as a result of the defamatory statement). This is because spoken words are generally transient in nature and dissemination is inherently limited. However, there are exceptions to the requirement of proving special damages.
In Lotin v. Gregor, the court explained four exceptions to the special damages requirement that have been recognized in the case law, the last of which is an anachronism. These exceptions are:
- Imputing the commission of a criminal offence
- Disparaging the reputation of the plaintiff in the way of his or her work, business, office, calling, trade, or profession
- Imputing a loathsome or contagious disease
- Imputing promiscuity to a chaste woman
The Libel and Slander Act builds on the second exception by establishing that a plaintiff bringing a slander action is not required to plead or demonstrate special damages where the allegedly defamatory words were reasonably likely to harm their reputation in connection with any office, profession, calling, trade, or business they held or operated at the time of publication.
For example, if a colleague falsely told your clients that you had been charged with fraud, that spoken statement could constitute actionable slander in Ontario, even without proof of specific financial loss.
Key Takeaway: Libel vs. Slander in Ontario
|
Libel |
Slander |
|
|
Form |
Written, broadcast, or online |
Spoken or transient |
|
Damage |
General damages presumed |
Proof of special damages required unless an exception applies |
|
Examples |
False Google review, defamatory social media post |
False verbal accusation in the workplace |
GS Brar Law Is Ready To Defend Your Reputation
At GS Brar Law, our defamation lawyers help individuals and businesses across Toronto and the GTA understand their legal rights and take meaningful action when their reputations have been unfairly damaged.
Defamation law in Ontario is nuanced, and the difference between a successful claim and a failed one often comes down to the specific facts, the nature of the publication, and how quickly you act. Whether you’re facing a damaging social media post, a false accusation in the workplace, a defamatory article, or a malicious online review, the experienced defamation lawyers at GS Brar Law are ready to help you assess your options and protect what matters most.
Contact GS Brar Law today to speak with a defamation lawyer and take the first step toward reclaiming your reputation.
Defamation Law in Ontario: Frequently Asked Questions
Q: What is defamation?
Defamation occurs when someone makes a false statement about another person or business that harms that person’s or business’s reputation. It is a legal cause of action available under Ontario law.
Q: What must be proven to succeed in a defamation claim in Ontario?
A plaintiff must establish three things: (1) the statement would lower the plaintiff’s reputation in the eyes of a reasonable person; (2) the statement referred to the plaintiff; and (3) the statement was published, meaning it was communicated to at least one third party.
Q: What is the difference between libel and slander?
Libel refers to defamatory statements made in written form (a social media post, blog post, or video). Slander refers to defamatory statements made in spoken form, such as a verbal comment made in conversation or in a social setting.
Q: Does an online post have to be permanent to count as libel?
No. Even if a post seems fleeting, such as a social media story that disappears after 24 hours, it almost certainly constitutes libel if it is defamatory. The classification depends on the nature of the medium, not how long the content actually lasts.
Q: Can I sue someone for a false online review in Ontario?
Yes. A false Google review, Yelp review, or similar online statement that harms your reputation constitutes libel under Ontario law, and you may have grounds to pursue a defamation claim.
Q: What should I do if I believe I have been defamed?
You should consult a defamation lawyer as soon as possible. The outcome of a defamation claim often hinges on the specific facts, how and where the statement was published, and how promptly you seek legal advice.
Strict deadlines apply in defamation claims in Ontario. If you are looking for further legal advice, please don’t hesitate to reach out to our team at GS Brar Law. Call 905-291-3297 or complete our online contact form to schedule a free consultation.
This article is intended for general informational purposes only and does not constitute legal advice. If you have been served with a defamation claim in Ontario, consult a qualified lawyer licensed to practise in Ontario as soon as possible.
