Protecting Reputation — and Free Expression

A false statement that lowers your reputation in the eyes of reasonable people can be defamatory and actionable. But defamation is one of the most technical areas of civil law, balancing the protection of reputation against the right to free expression. Azimi Law acts both for individuals and businesses whose reputations have been harmed, and for those wrongly accused of defamation.

Libel and Slander

Defamation takes two forms: libel (defamation in a permanent form, such as writing, online posts, or broadcasts) and slander (spoken defamation). To establish defamation, you generally must show that the words referred to you, that they were published to at least one other person, and that they would tend to lower your reputation in the estimation of reasonable people. Once that is shown, the burden shifts to the defendant to establish a defence.

The Defences — Which Make These Cases Hard

  • Truth (justification): a true statement is not defamatory, however damaging.
  • Fair comment: honest opinion on a matter of public interest, based on true facts.
  • Qualified and absolute privilege: protection for statements made in certain protected contexts.
  • Responsible communication on matters of public interest: a defence available to journalism and public-interest communication.

Because of these defences — and the constitutional weight given to free expression — defamation claims must be carefully assessed before they are launched. A weak claim can be costly, especially given Ontario's anti-SLAPP regime.

Ontario's Anti-SLAPP Law

Section 137.1 of the Courts of Justice Act allows a defendant to bring an early motion to dismiss a claim that arises from expression on a matter of public interest — a "SLAPP" (Strategic Lawsuit Against Public Participation). These motions are powerful and can dismiss a claim at an early stage, with significant cost consequences. Any defamation claim touching on a matter of public interest must be built with this regime firmly in mind.

Strict and Short Deadlines for Media

For libel in a newspaper or broadcast, the Libel and Slander Act imposes very short deadlines: written notice generally must be given within about six weeks of the libel coming to your attention, and an action commenced within about three months. These periods are far shorter than the usual two-year limitation. If your concern involves media or broadcast, contact us immediately.

Online and Social-Media Defamation

The internet has made defamation faster and more far-reaching. We handle defamatory online reviews, social-media posts, and anonymous attacks — including steps to identify anonymous posters where appropriate — while assessing the public-interest and anti-SLAPP considerations that online speech raises.

Remedies

Successful defamation claims can result in damages for the harm to reputation (and, in serious cases, aggravated or punitive damages), as well as injunctive relief and retractions in appropriate circumstances. We advise realistically on the likely outcome before you commit to litigation.

Frequently Asked Questions

What is the difference between libel and slander?
Libel is defamation in a permanent form — writing, online posts, or broadcasts — while slander is spoken defamation. Both can be actionable, but they are treated somewhat differently, and libel in newspapers or broadcasts carries especially short notice and limitation deadlines.
Someone posted a false review about my business. Can I sue?
Possibly. If the statement is false, refers to your business, was published to others, and would lower your reputation, it may be defamatory. But the poster may raise defences such as truth or fair comment, and public-interest expression can trigger Ontario's anti-SLAPP regime. We assess the claim carefully before any step is taken.
What is an anti-SLAPP motion and why does it matter?
Under section 137.1 of the Courts of Justice Act, a defendant can bring an early motion to dismiss a claim arising from expression on a matter of public interest. These motions are powerful and carry serious cost consequences, so any defamation claim touching public-interest expression must be built with the anti-SLAPP regime in mind.
How quickly do I have to act against a newspaper or broadcaster?
Very quickly. The Libel and Slander Act generally requires written notice within about six weeks of the libel coming to your attention and an action within about three months — far shorter than the usual limitation. If media or broadcast is involved, contact us immediately.
Can I find out who posted something anonymously?
Sometimes. In appropriate cases there are legal steps to seek the identity of an anonymous poster, though they are not always successful and must be weighed against the strength of the underlying claim and free-expression considerations. We advise on whether it is worth pursuing.