Served with a defamation claim?

You have a limited window to file a Statement of Defence. Bring us the claim today and we’ll walk you through your options. No charge for the first conversation.

Book a free consultation Call (905) 291-3297
What we handle

A steady defence when your reputation is on the line.

Statement of Defence

Preparing and filing the defence.

Anti-SLAPP Motions

Moving to dismiss claims aimed at silencing public participation on matters of public interest, under s. 137.1 of the Courts of Justice Act.

Truth (justification)

Proving the substantial accuracy of what was said.

Fair Comment

Protecting honestly held expressions of opinion on matters of public interest which are based on true facts.

Responsible Communication

Protecting statements of fact on matters of public interest when the defendant acted responsibly in publishing the statements.

Qualified Privilege

Defending statements made in good faith where there was a legal, social, or moral duty to speak.

How it works

What to expect, step by step.

Step 01

Urgent Intake

We review the Statement of Claim served on you.

Step 02

Defence Analysis

We assess whether the statements at issue are protected by truth, fair comment, qualified privilege, responsible communication, or another defence.

Step 03

Anti-SLAPP Assessment

We work out whether the lawsuit qualifies as an attempt to silence public expression under s. 137.1.

Step 04

Response

We file your defence, and where it applies, the s. 137.1 motion that can dismiss the claim early and shift costs to the plaintiff.

What to do if you’re served with a Statement of Claim

Being served with a Statement of Claim can feel overwhelming, but the most important step is a simple one: talk to a lawyer before you decide anything else.

A lawyer can tell you quickly what’s actually being alleged, whether the claim has merit, what defences might apply, and what your realistic options are. Once you understand the claim, decisions about how to respond become much clearer.

There is a response deadline in Ontario (typically 20 days if served within the province), and it’s worth acting promptly rather than letting time pass unnecessarily. But you don’t need to have this figured out alone, and you don’t need to make any decisions before speaking with someone.

The most useful thing you can do today is call us, even if you’re not sure yet whether you want to retain. The initial consultation is free.

The defences available to you in Ontario

Not every harsh review or angry email is defamation. The law recognises several defences:

  • Responsible communication. Protecting statements of fact on matters of public interest when the defendant acted responsibly in preparing and publishing them.
  • Justification (truth). If the statements are substantially true, the claim fails, regardless of how much harm they caused.
  • Fair comment. Honest opinion on matters of public interest, based on a true factual foundation, isn’t defamation.
  • Qualified privilege. Statements made in good faith in settings where open communication is essential (employment references, workplace reports, complaints to regulators or professional bodies) are protected.

Anti-SLAPP under s. 137.1 CJA

Some defamation lawsuits aren’t really about repairing a reputation. They’re filed to bully critics into silence by making it expensive to keep talking. Those are SLAPP suits (“strategic lawsuits against public participation”).

Ontario has strong anti-SLAPP protection under s. 137.1 of the Courts of Justice Act. If you can show the lawsuit arises from you speaking on a matter of public interest, the burden shifts to the plaintiff. They have to show their case has substantial merit, that you have no valid defence, and that the harm they suffered outweighs the public interest in your speech. If they can’t, the judge dismisses the claim, often with a costs order in your favour.

On this page
Frequently asked

Common questions.

If you are served in Ontario, you have 20 days to file a Statement of Defence. If you are served elsewhere in Canada or the United States, the window is 40 days. If you file a Notice of Intent to Defend within the 20 days, you get an additional 10 days to complete the Statement of Defence. Missing these deadlines allows the plaintiff to note you in default, which can result in judgment against you without your side being heard.

Yes, but being sued doesn’t mean the business will win. True statements about your experience as a customer are protected by the defence of truth, also called justification. Honest opinions on matters of public interest are protected by the defence of fair comment. If your review simply describes what actually happened to you, it’s generally defensible. If you’ve stated things that aren’t true, the exposure is real, but you may still have options, and we can help you find the best path forward.

Under section 137.1 of the Courts of Justice Act, a defendant can bring an anti-SLAPP motion to dismiss a defamation claim early. At the hearing, you have to show the lawsuit arises from expression on a matter of public interest. If you can, the burden shifts to the plaintiff to show their case has substantial merit, that you do not have valid defences, and that the harm they’ve suffered outweighs the public interest in your speech. If they can’t, the judge dismisses the claim and can order the plaintiff to pay your costs.

Yes. Corporations can sue for defamation in Ontario, and they don’t have to prove they lost money to win. Once defamation is established, harm to reputation is presumed. However, a company can only recover for damage to its business reputation, not hurt feelings, and courts are unlikely to award substantial damages without evidence of lost business or harm to goodwill. Some public bodies, like municipal governments, cannot sue for defamation at all. Whether the case will succeed depends on the specific facts and available defences.

Get started

An honest read on what you’re facing.

What you’re facing, what your defences are, and what it will cost, before you commit. Reach out today for a confidential consultation. We respond within 3 business hours.

Speak with us confidentially Call (905) 291-3297