Defamation Lawyer in Toronto

Defamation protects reputation. Libel is defamation in a lasting form, such as writing, a post, a review or a video. Slander is spoken defamation. To succeed, the person suing must show that the words were defamatory, that they referred to them, and that they were communicated to at least one other person. Falsity and damage are then presumed, and the burden moves to the defendant to prove a defence.

Civitas Law is a team of legal professionals under the leadership of lawyer Nasibeh Mehrpouyan, serving clients across Toronto and the GTA in English, French, Farsi, Russian and Serbian. We advise people and businesses who have been defamed and those who are accused of defamation.

Most defamation disputes today start online: a review, a social media post, a forum thread or a group chat that is forwarded. Practical first steps matter:

• Preserve the evidence. Take full screenshots showing the content, the account, the date and the web address. Posts can disappear quickly.
• Do not respond in anger. A public reply can make matters worse and may itself become part of the dispute.
• Use platform reporting. Many platforms remove content that breaches their policies, which can be faster than court.
• Anonymous authors. Where the author is unknown, the court can order a platform or internet provider to disclose identifying information through what is called a Norwich order.

• Newspapers and broadcasts. Under the Libel and Slander Act, a person defamed in a newspaper or broadcast must serve written notice on the defendant within six weeks after the statement comes to their knowledge, and start the lawsuit within three months. The Ontario Court of Appeal has applied these rules to some online news publications.
• Other defamation. For most other statements, including many social media posts and reviews, the general two year limitation period under the Limitations Act, 2002 applies.

Because it is not always clear which rule applies to an online publication, it is safest to treat the six week notice deadline as the one to meet.

• Justification. The statement was substantially true.
• Fair comment. An honest opinion on a matter of public interest, based on true facts.
• Qualified privilege. A statement made in good faith to someone with a legitimate interest in receiving it, such as a reference or a report to an authority.
• Absolute privilege. Statements made in court proceedings and some other settings.
• Responsible communication. Responsible reporting on a matter of public interest, even if some facts turn out to be wrong.

Section 137.1 of the Courts of Justice Act lets a defendant ask the court to dismiss a lawsuit early if it arises from expression on a matter of public interest, unless the plaintiff can show the claim has substantial merit, there is no valid defence, and the harm to the plaintiff outweighs the public interest in protecting the expression. A defendant who wins this motion is generally entitled to their full legal costs, so it is an important consideration for both sides before a claim is started.

• A retraction, correction or apology
• Removal of the content, by agreement, platform action or court order
• Damages for harm to reputation, and in some cases aggravated or punitive damages
• A permanent injunction after judgment preventing repetition

Many cases resolve with a well drafted demand letter before any lawsuit is filed. For libel, damage is presumed. For spoken slander, special damage generally has to be proven, except in some categories, such as words that disparage a person in their business or profession.

Defamation deadlines can be very short. If something false has been said about you or your business, or you have received a defamation notice, call us early.

Book a consultation online or call (647) 271-1646 (the phone is answered 24/7). 30-minute consultation, $150 plus HST, paid when you book. Legal fees after that depend on the work involved, and we explain them in writing before you retain us.