Defamation in Ontario: Libel, Slander, and the Defences That Actually Work
Defamation in Ontario is governed by the Libel and Slander Act and the common law. A practical guide to the three elements of the cause of action, the major...
Frequently Asked Questions
How long do I have to sue for defamation in Ontario?
For libel in a newspaper or broadcast, you have three months from the date you became aware of the publication under section 6 of the Libel and Slander Act. For all other defamation claims, the general two-year limitation period under section 4 of the Limitations Act, 2002 applies. In newspaper/broadcast cases, you must also serve a written notice under section 5 of the Libel and Slander Act within six weeks of becoming aware of the libel — failure to do so is fatal to the claim.
Is a Google review or Facebook post defamation?
It can be, if it makes a false statement of fact that lowers the subject in the eyes of a reasonable person. Pure opinion, fair comment on a matter of public interest, and substantially true statements are not actionable. Courts treat online posts as published the moment a third party sees them and as libel (not slander) because they persist in writing.
Can a paralegal handle my defamation claim?
Yes — in Small Claims Court, where the monetary limit is now $50,000 (raised from $35,000 effective January 1, 2025). Many online-review and reference-letter defamation cases fit inside the Small Claims envelope. Paralegals cannot appear in Superior Court defamation actions but can assist with intake, the section 5 notice, and referral to counsel for larger claims.
What is an anti-SLAPP motion and why does it matter?
Sections 137.1–137.5 of the Courts of Justice Act let a defendant in a defamation action move quickly to dismiss the claim if it arises out of expression on a matter of public interest. If the motion succeeds, the plaintiff usually pays the defendant’s full indemnity costs. This is the single biggest financial risk in starting a weak or politically charged defamation claim, and it makes a pre-suit assessment essential.
Do I have to prove the statement was false?
No. Once the plaintiff proves the words were defamatory, referred to the plaintiff, and were published to a third party, falsity and damage are presumed. The burden shifts to the defendant to prove the statement was substantially true (the defence of justification), or to make out another defence such as fair comment, qualified privilege, or responsible communication.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email jeanfrancois@legalassist.london for a free consultation.