Being sued for defamation in Ontario can feel overwhelming and frightening. Whether you left a critical online review, made a complaint about a business, or posted something on social media, finding yourself named in a defamation lawsuit is a serious matter.
Ontario defamation law balances two important values: protecting a person’s reputation and preserving freedom of expression. If you’ve been served with a defamation lawsuit, it’s essential to act immediately, understand your rights, and retain an experienced defamation lawyer in Ontario as soon as possible.
What Is Defamation Under Ontario Law?
Defamation occurs when someone makes a false statement about another person that harms their reputation. It takes two forms:
- Libel: Written or published statements (e.g., social media posts, emails, online reviews)
- Slander: Spoken statements
To succeed in a defamation lawsuit, a plaintiff must prove three things:
- the statement was defamatory, meaning it would cause a reasonable person to think less of them;
- the statement referred to the plaintiff, even if it didn’t mention them by name; and
- it was communicated to at least one other person.
Once the above test has been met, the burden shifts to the defendant to establish a valid defamation defence in Canada.
Steps to Take If You’re Sued for Defamation
- File a Defence Promptly
If served in Ontario, you have 20 days to file a Statement of Defence, the formal document responding to the claim against you. Missing this deadline can result in a default judgment, meaning the plaintiff may be awarded damages without ever proving their case. A defamation lawyer can help secure an extension to this 20-day deadline if necessary.
- Consult a Defamation Lawyer Immediately
Defamation law is complex, and the financial consequences can be severe. A lawyer can:
- assess the claim,
- identify your strongest defence,
- advise on anti-SLAPP motions, and
- represent you throughout the process.
- Preserve All Evidence
Do not delete, alter, or destroy anything related to the case, including social media posts, emails, text messages, or documents. Tampering with evidence can damage your credibility and result in additional legal consequences. Avoid discussing the case publicly or posting about it online while legal proceedings are ongoing, as this can weaken your defence.
Defences to Defamation in Ontario
- Truth (Justification)
If the statement is substantially true, the claim fails. Defamation law only protects against false statements. The defendant must prove truth on a balance of probabilities. Minor inaccuracies won’t defeat the defence provided the overall sting of the statement is substantially true. Partial truth alone may not be sufficient; however, depending on the circumstances, it can reduce damages. This defence is powerful with strong evidence, but risky if the defendant’s proof is weak. A failed truth defence can lead to higher damages being awarded to the plaintiff.
- Fair Comment
Fair comment protects honest opinions on matters of public interest, provided the opinion is based on true facts and is recognizable as comment/opinion rather than a statement of fact.
The Supreme Court of Canada clarified this defence in WIC Radio Ltd. v. Simpson, 2008 SCC 40, establishing a four-part test:
- the statement was on a matter of public interest;
- it was based on facts that are true or privileged;
- it was recognizable as comment rather than fact; and
- it could honestly be expressed by a person who genuinely held that view, even if the opinion is exaggerated, one-sided, or unpopular.
However, the defence can be defeated if the plaintiff proves the defendant was motivated by malice.
- Responsible Communication
Recognized by the Supreme Court of Canada in Grant v. Torstar Corp., 2009 SCC 61, this defence protects journalists and others who publish on matters of public importance, provided they acted responsibly in the circumstances. To succeed, the defendant must show the publication was on a matter of public interest and that they took reasonable steps to verify the information before publishing. Relevant factors include the seriousness of the matter, the reliability of sources, and whether the plaintiff was allowed to respond prior to publication. Importantly, responsible communication protects statements of fact as opposed to statements of opinion.
While developed in the context of journalism, the defence is not limited to professional media. Others publishing on matters of genuine public concern may also rely on it. This defence can be defeated if the plaintiff proves that the defendant acted with malice.
- Qualified Privilege
Protects statements made where there is a legal, moral, or social duty to communicate them, such as employment references, reports to regulatory bodies, or communications between parties with a shared interest. This defence can be defeated if the plaintiff proves the statement was made with malice.
- Absolute Privilege
Provides complete protection for statements made in legislative proceedings, court or tribunal proceedings, and certain other official contexts, regardless of whether the statement was defamatory.
Anti-SLAPP Motions
Ontario’s Protection of Public Participation Act, 2015, protects individuals sued for speaking out on matters of public interest, known as Strategic Lawsuits Against Public Participation (SLAPPs).
If the defendant’s expression relates to a matter of public interest, they may bring an early motion to have the claim dismissed. Once filed, the lawsuit is paused. The court applies a two-step test:
- the defendant must show the claim arises from an expression on a matter of public interest.
- if the defendant meets the public interest stage of the test, the burden shifts to the plaintiff to show the claim has substantial merit, the defendant has no valid defence, and the harm is serious enough to outweigh the public interest in protecting the expression.
If the motion succeeds, the claim is dismissed and the plaintiff may be required to pay the defendant’s legal fees in full. This is one of the most powerful tools available to a defamation defendant in Ontario and should be discussed with a defamation lawyer as soon as you are served.
Retraction and Apology in Defamation Cases
A timely retraction or apology can reduce damages and support settlement. Under Ontario’s Libel and Slander Act, making or offering an apology can reduce the plaintiff’s damages.
However, before apologizing, consult a lawyer. A poorly worded apology can undermine the defence or be used against the defendant in the proceeding. What you say and how you say it matter.
Frequently Asked Questions
Can I be sued for something I posted on social media?
Yes. Posts, comments, reviews, and messages can all constitute libel. Ontario courts have addressed defamation arising from Facebook, X (formerly Twitter), Instagram, TikTok, and Google Reviews.
What happens if a statement is true?
Truth is a complete defence to defamation in Ontario, but you bear the burden of proving it. Speak with a lawyer early to assess the strength of your evidence.
What is an anti-SLAPP motion?
It is a legal mechanism allowing defendants to seek early dismissal of a defamation claim where the expression relates to a matter of public interest. If successful, you may recover full legal costs and potentially seek damages against the plaintiff.
Can I settle a defamation case out of court?
Yes. Many defamation disputes are resolved through negotiation, mediation, or a formal apology without going to trial.
Will I have to pay legal costs if I lose a defamation case?
Ontario courts routinely award costs against the losing party in defamation cases, which can be substantial. Costs awards are in the discretion of the court and may or may not be awarded to a successful party.
Can you be liable without intent?
Intention is not required for liability. Even an innocent or careless statement can ground a defamation claim if it was false, defamatory, and published to a third party.
Contact GS Brar Law — Ontario Defamation Lawyers
If you’re facing a defamation lawsuit in Ontario or the Greater Toronto Area, prompt, strategic legal advice is critical. At GS Brar Law, we provide clear, practical advice tailored to your situation — whether you need help responding to a claim, exploring anti-SLAPP options, building a defence, or negotiating a resolution.
Don’t wait — deadlines in defamation cases are strict.
📞 Phone: 905-291-3297 ✉️ Email: contact@gsbrar.law
This article is intended for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. If you have been served with a defamation claim in Ontario, consult a qualified lawyer licensed to practise in Ontario as soon as possible.
