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 Wayne
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Wayne
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Ontario's Limitations Act generally allows claimants two years from the day they “discover” that a wrong occurred to start a lawsuit.
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.
Schedule B (the “Act”) is an Ontario statute which dictates the time within which a party must commence a civil action. The statute sets out a basic limitation period of two years as well as an ultimate limitation period of 15 years.
In Ontario, for most matters, the claimant has two years to begin the lawsuit, either from the date the injury occurred or from the date notice was given (whichever is applicable).
It is very difficult to sue for defamation and you will need a lawyer to assist you in court. To prove slander, you must show that the statements were heard by a third party. A rude remark made only to you is not defamation if no third party heard it.
So there you have it. The basic limitation period to sue for personal injuries in Ontario is two years with special rules for people 18 or younger and people without legal capacity. I know it sounds self-serving but the best advice is to contact a good personal injury lawyer sooner rather than later.
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.
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.
About the Small Claims Court The Small Claims Court hears civil claims for $35,000 or less.
More info
Small Claims Court is a special part of the court where you can sue for money without a lawyer. This blog post will provide an overview of what constitutes defamation, the different types of defamation, defences to defamation claims, and possible remedies.Civil claims: suing and being sued. Learn what to do if you are suing or being sued in the Superior Court of Justice. Are you a victim of defamation or have you been accused of defamation? Call McMackin law today at or fill in the form below! You can get a notice form from the agency you are suing. This is called a Notice of Claim form. The reality is that much of what reviewers write in even the most scathing negative reviews will likely not qualify as actionable defamation. Based in Toronto, he, too, is being sued for defamation.
