Defamation, Libel & Slander in Ontario
False and damaging statements — whether spoken, written, or posted online — can cause serious harm to your reputation and livelihood. This guide explains your rights and options under Ontario's defamation laws.
What Is Defamation?
Defamation is a false statement of fact communicated to a third party that damages a person's reputation. In Ontario, defamation law is governed by the Libel and Slander Act and common law principles.
- Libel — Written, printed, or published defamation (including online posts, reviews, emails, and social media).
- Slander — Spoken defamation. Generally harder to prove and requires proof of actual damages in most cases.
Elements You Must Prove
- The statement was published or communicated to at least one other person.
- The statement was about you (identified you directly or indirectly).
- The statement was false — truth is a complete defence.
- The statement damaged your reputation in the eyes of right-thinking members of society.
Common Defences to Defamation
| Defence | What It Means |
|---|---|
| Truth / Justification | The statement is substantially true — the most complete defence. |
| Fair Comment | An honest expression of opinion on a matter of public interest, not presented as fact. |
| Absolute Privilege | Statements made in Parliament, court proceedings, or official government functions. |
| Qualified Privilege | Statements made in good faith to a person with a legitimate interest (e.g., a reference letter). |
| Responsible Communication | Journalism/reporting on matters of public interest that followed responsible practices. |
Online Defamation & Negative Reviews
Google reviews, Yelp, Reddit posts, and social media statements can all constitute libel if they are false statements of fact. You may seek:
- Removal of the content via a cease-and-desist letter
- Damages for harm to your business or personal reputation
- Court orders (injunctions) to remove content
- Identification of anonymous posters through court order
Limitation Period
Ontario's general limitation period of 2 years applies to most defamation claims (from the date you discovered or ought to have discovered the defamatory statement). Act promptly — evidence can be deleted.
Small Claims vs. Superior Court
Defamation claims for damages up to $35,000 can be pursued in Small Claims Court, making representation by a paralegal a cost-effective option. Larger claims proceed to Superior Court and require a lawyer.
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