A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Suing For Defamation In Ontario In Palm Beach
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About the Small Claims Court The Small Claims Court hears civil claims for $35,000 or less.
Defamation Laws in Ontario Unlike some jurisdictions where proving actual harm is required, the mere act of making a defamatory statement can be sufficient grounds for a lawsuit. The court, however, may consider the seriousness and extent of the defamatory statement in assessing the damages awarded to the plaintiff.
It could take a legal representative 20 days or so to actually draft a claim after being formally retained. Once the claim has been drafted it can be filed with the appropriate Small Claims Court. After the claim has been filed with the court a Plaintiff then has up to six months to effect service.
If you have been treated unfairly by someone, you may have already considered filing a lawsuit against them. A lawsuit is often the most effective ways to get redress for the wrong you have suffered. However, the process is often long, and rarely simple.
This request (a Request to Clerk Form 9B) can also be filed through the Small Claims Court Submissions Online Portal. If you prefer to file your request in person or by mail, you can request an assessment hearing before a judge by filing a Request to Clerk Form 9B.
Establishing a Defamation Claim in Ontario The statement in question was false; The statement was communicated to at least one other person, whether intentionally or carelessly; and. This caused harm to the person/organization's reputation, financial status, or loss of other opportunities.
Written defamation is called "libel," and spoken defamation is considered "slander," and they both fall under "defamation." In the US, defamation is not usually a crime. Instead, it is a "tort" or civil wrong. Under the law, a person who has been defamed can seek damages from the perpetrator.
At the low end, for individual, small-scale defamation suits, damages can range from $10,000 to $40,000. The middle range for damages is between $40,000 and $80,000, and higher judgments can reach $150,000. Judgments of $200,000 or more do happen but are quite rare.
173 (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person, (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or.
Defamation Laws in Ontario Unlike some jurisdictions where proving actual harm is required, the mere act of making a defamatory statement can be sufficient grounds for a lawsuit. The court, however, may consider the seriousness and extent of the defamatory statement in assessing the damages awarded to the plaintiff.
