Defamation refers to the act of making defamatory statements that are false, not true, and communicated to a third party, thereby causing harm to a person's reputation. The determination of whether a person's reputation has been damaged is based on an objective test, taking into account the perception of an average person rather than that of the victim.
When filing a defamation lawsuit, plaintiffs typically seek a retraction of the defamatory statement and monetary compensation. Additional steps may be required before filing, depending on the source and location of the defamation.
The general limitation period for defamation claims is 2 years from the date of discovery. However, different limitation periods apply to various forms of publication, as specified in the Libel and Slander Act. It is crucial to consult a legal professional to understand the specific notice requirements and avoid falling victim to a limitation period defense.
Libel is a form of defamation that refers to defamatory statements published or broadcasted.
Slander is a form of defamation that involves spoken words, gestures, etc. Lawsuits for slander are less common than those for libel because damages must generally be proven in the absence of a permanent record.
Defamation of character is another term commonly used to describe defamation.
Yes, it is possible to sue for defamation on social media. With the widespread reach of social media platforms and the potential impact of online posts, defamation claims arising from social media are increasingly prevalent.
The Small Claims Court in Ontario can be an accessible and efficient venue for individuals seeking justice in defamation cases. The maximum amount of damages awardable in this court is $35,000.00.