There is a fine line between protecting a reputation and one’s freedom to voice their opinions in print, broadcast and digital media channels. If someone has said (slander) or written/broadcast (libel) an opinion that harms you or your company’s reputation, our focus is to work quickly to minimize risk. If the situation cannot be restored, we will work to start a lawsuit or an injunction to minimize harm.
If you received a complaint because of what you said or wrote we will provide you with prompt advice so that you may determine the strength of your defence for the defamation case such as truth or privilege.
Defamation is usually known as the action of making a false oral (slander) or written (libel) statement about another person to a third party, which includes posts online. Defamation refers to communication that damages a party’s reputation. Libel refers to statements made through a written context, such as online postings, newspaper articles, or recordings. Slander refers to statements that are made orally, such as on television or YouTube and as a result may be more difficult to prove if it is not recorded.
The Supreme Court of Canada has established the following legal test to prove a statement is defamatory:
The legal test is often very easily met by the person who is claiming defamation by showing the statement or proving that the statement was made. More responsibility is placed on the individual who wrote or spoke about that individual to defend himself or herself with the following defences:
If someone has made a defamatory statement against you, our following recommendations include, but are not limited to:
Most often, the main concern of a defamation of character claim is to remove the statement as soon as possible. As mentioned, Walker Law litigation lawyers work quickly and efficiently to ensure the statement is removed to minimize the damage.
Another frequently sought remedy against someone who makes a defamatory statement is the payment of damages (monetary compensation paid for the harm done to your reputation or loss due to the defamation). Damages may be awarded if parties agree to a settlement which includes compensation or may be awarded in Court.
Walker Law is located in the heart of the financial district in downtown Toronto. Our trial lawyers are ready to assist you. To speak with a trial lawyer, call us at 647-342-2334 or email us at [email protected] for a consultation.
The above is intended to be informational purposes only and not intended to be independent legal advice.