Defamation in Ontario has become far more common in the age of social media, online reviews, and anonymous posting. A single false Google review, a damaging social media post, or an online comment can reach thousands of people in hours and harm a person’s reputation, career, or business. Ontario law provides remedies, but the rules are specific, deadlines can be short, and the line between a hurtful opinion and actionable defamation is not always where people assume it is.
What Counts as Defamation in Ontario
Defamation is a false statement of fact that lowers a person’s reputation in the eyes of a reasonable member of the community. Ontario law, shaped by the Libel and Slander Act and by common law, divides defamation into two categories. Libel refers to defamation in written or permanent form, which includes online posts, articles, reviews, emails, and social media. Slander refers to spoken defamation. In practice, most defamation disputes today involve libel, because so much communication now happens in writing online.
To bring a successful defamation claim, a plaintiff must establish three elements. The table below sets them out.
| Element | What the Plaintiff Must Show |
|---|---|
| Defamatory meaning | The words would tend to lower the person’s reputation in the eyes of a reasonable person |
| Reference to the plaintiff | The words were about the plaintiff, even if not named directly, as long as they are identifiable |
| Publication | The words were communicated to at least one person other than the plaintiff |
Once a plaintiff proves these three elements, the statement is presumed false, and the burden shifts to the defendant to establish a defence. This is a distinctive feature of defamation law: the person who made the statement generally has to justify it, rather than the plaintiff having to prove it was false.
Opinion vs. Fact: Where Many Disputes Turn
One of the most important distinctions in defamation law is between a statement of fact and an expression of opinion. A false statement of fact can be defamatory. A genuinely held opinion, based on stated facts, is generally protected, even if it is harsh or unflattering.
This distinction is why a negative online review that says “the food made me sick” (a factual claim, potentially provable or disprovable) is treated differently from one that says “in my opinion, this was the worst meal I have ever had” (an opinion). The reality is often blurry, and how a statement is characterized is frequently the central battleground in a defamation case.
The Main Defences to a Defamation Claim
A defendant in a defamation claim has several possible defences. Understanding them matters for anyone considering a claim and anyone threatened with one. Published Ontario decisions available on CanLII show how these defences are applied in practice.
Truth (Justification)
Truth is a complete defence to defamation. If the statement is substantially true, it is not defamation, no matter how damaging it is. This is why truth is often described as an absolute defence, and why proving the statement’s accuracy is central to many cases.
Fair Comment
Fair comment protects expressions of opinion on matters of public interest, provided the opinion is based on true facts and represents an honestly held view. This defence is particularly relevant to reviews, commentary, and criticism.
Qualified and Absolute Privilege
Certain communications are protected by privilege. Absolute privilege applies to statements made in specific settings such as court proceedings and legislative debates. Qualified privilege can protect statements made in good faith to someone with a legitimate interest in receiving them, such as a reference given to a prospective employer, unless the statement was made with malice.
Online Defamation and Anonymous Posters
Online defamation raises practical challenges that traditional defamation did not. Damaging statements can spread rapidly, remain permanently accessible, and often come from anonymous or pseudonymous accounts. Ontario courts have developed tools to address this, including procedures that can, in appropriate cases, compel a platform or internet service provider to disclose an anonymous poster’s identity so a claim can proceed.
Removing defamatory content, identifying who posted it, and preserving evidence before it disappears are all time-sensitive steps. Capture screenshots, URLs, and dates as soon as you discover the content, because posts can be deleted and proving what was said becomes much harder after the fact.
Time Limits: Why Speed Matters in Defamation Cases
Defamation has some of the shortest and most unforgiving deadlines in Ontario law, particularly for claims involving newspapers and broadcasters. Under the Libel and Slander Act, a person suing a newspaper or broadcaster for libel must give written notice within six weeks of becoming aware of the publication, and must commence the action within three months. These deadlines are strict, and missing them can bar the claim entirely.
Claims against non-media defendants, such as individuals posting online, generally follow the standard two-year limitation period, but the notice requirements and the fast-moving nature of online content still make prompt action essential.
What to Do If You Have Been Defamed
If you believe you have been defamed, a few steps matter immediately. Preserve all evidence of the statement, including screenshots, links, dates, and any indication of how many people saw it. Avoid responding publicly in a way that could escalate the situation or be used against you. Do not delete your own accounts or communications that may be relevant. And avoid making your own statements about the other party that could expose you to a counterclaim.
Then speak with a lawyer promptly, given the short deadlines involved. Civil litigation lawyers in Ontario handle defamation claims, and where the defamation affects a business, a business lawyer may also be involved, since reputational harm to a company falls within the broader field of business law. Experienced litigation lawyers in Toronto are listed on Top Lawyers Canada.
Frequently Asked Questions
Is a negative online review considered defamation in Ontario?
Not automatically. A negative review that expresses a genuinely held opinion based on a real experience is generally protected, even if it is harsh. A review becomes potentially defamatory when it makes false statements of fact, such as falsely claiming a business engaged in illegal conduct or that a product caused harm it did not cause. The distinction between protected opinion and a false factual claim is often the central issue in these cases.
Can I sue someone for defamation if they posted anonymously?
Potentially, yes. Ontario courts have procedures that can, in appropriate cases, require a website, platform, or internet service provider to disclose information that helps identify an anonymous poster so that a claim can proceed. This process has its own requirements and is not guaranteed, but anonymity does not automatically shield someone who posts defamatory content. Preserving evidence quickly matters, as does acting before the content or account is deleted.
How much does a defamation claim cost, and what can I recover?
Defamation litigation can be expensive and unpredictable, and unlike personal injury, it is usually not handled on contingency. If awarded, damages are intended to compensate for harm to reputation and can include general damages and, in serious cases, aggravated or punitive damages. However, the cost and uncertainty of litigation mean that many defamation matters are resolved through a retraction, apology, or removal of the content rather than a full trial. A lawyer can advise on whether pursuing a claim makes practical sense in your situation.
What is the deadline to sue for defamation in Ontario?
It depends on the defendant. For claims against newspapers and broadcasters, the Libel and Slander Act requires written notice within six weeks of becoming aware of the publication and commencing the action within three months. For other defendants, such as individuals posting online, the general two-year limitation period usually applies. Because these deadlines can be short and the rules are technical, it’s important to get legal advice quickly.
Someone is threatening to sue me for defamation over something I posted. What should I do?
Take it seriously and get legal advice before responding. Do not delete the post reflexively, as that can sometimes complicate matters, but also do not double down publicly. A lawyer can assess whether what you posted is actually defamatory, whether a defence such as truth or fair comment applies, and how best to respond to the threat. Defamation defence is handled by civil litigation lawyers, who can help you understand your position before you take any further action.