DEFAMATION

In Canadian law, a statement will be considered defamatory if it tends to lower a person's reputation in the eyes of a reasonable observer. For the purposes of a claim, a plaintiff must show that the statement or its implied meanings would cause people to think less of them. The plaintiff must also be identifiable either in the statement itself or through circumstances, and lastly, to be defamatory the statement must be published or spoken to at least one other person. Once these elements are met, a plaintiff is presumed to be defamed and it falls on a defendant to show they have one of several possible defences.

There is nothing about an online review that prevents a business from suing for defamation. Corporations can sue for defamation and can recover for lost reputation or related business losses. However, honest opinions are protected by the defence of fair comment, and some courts have been clear that it is not reasonable for a business to expect only five star reviews. If an online review is false or incites hatred towards a business or its personnel, it may be actionable. Many local businesses rely on online reviews and a good reputation to attract customers. If your Alberta business has been negatively reviewed online and you believe the review may have crossed a line, contact us for an assessment of your options.

The cost depends on the work required and what you are trying to achieve. Reviewing a publication and sending a demand involves different work from seeking an injunction or preparing for trial. We cannot promise a fixed total cost for a defamation lawsuit in advance. In certain circumstances Baker Law Firm will consider contingency or partial contingency fee arrangements. A successful party in Alberta may recover a portion of its legal costs, but that does not necessarily cover the full cost of the case. Fee arrangements and the likely work should be discussed before deciding how to proceed.

Your exposure depends on the publication, its impact, the available defences and how the proceeding develops. There is no general cap on defamation damages, but an exceptional award in another case is not a prediction of the result in yours. Legal fees and potential costs orders also need to be considered. We assess those questions in your circumstances and represent defendants through the stages of a claim, including trial before the Court of King's Bench of Alberta and appeal.

A demand letter is not a court order, and the law does not obligate you to respond. Ignoring it still carries risk, as the sender may follow up by filing a Statement of Claim. In Alberta, defamation claims must be filed in the Court of King's Bench, as the Alberta Court of Justice does not have jurisdiction to decide defamation claims. If a demand is received and not a claim then you have more choices available, including whether a publication is removed or an apology is offered. Early and decisive action can sometimes defuse a defamation claim before it is ever filed. You can request to have the letter reviewed by our firm and to have us respond on your behalf.

If you have been served with a Statement of Claim the clock is running, and a Statement of Defence needs to be filed within 20 days or sometimes more. It is important to seek advice and representation promptly. Canadian law recognizes several defences to defamation, including justification, fair comment, qualified or absolute privilege. In certain circumstances a genuine apology might be recommended as a path to reducing damages and resolving your matter without a trial. Under the Alberta Rules of Court, a trial is not automatically set, and settlement can be discussed while continuing to advance your defence.

You may have heard of Anti-SLAPP legislation, which does not exist in Alberta at this time. Ontario and British Columbia have legislation aimed at the early dismissal of lawsuits that unfairly target expression on matters of public interest. The statutes of Ontario and British Columbia do not govern Alberta disputes. A defendant in the Court of King's Bench of Alberta instead relies on applications for summary dismissal or applications to strike a claim, together with the recognized defences to defamation. Whether such an application is warranted in your situation is a conversation worth having with experienced defamation counsel.

This might not seem intuitively obvious at first, but a person who shares or reposts a defamatory statement can be held equally responsible for it in Canadian law even though the words originated with someone else. Alberta courts have made substantial damages awards against defendants who republished allegations they did not write. Links can be treated differently and there are nuanced rules for internet service providers. However, the standard sharing features of Facebook, TikTok, X.com, Instagram, or Reddit all have the potential of attracting a claim in defamation. Whether a particular share attracts liability depends on what was repeated and deleting the post does not automatically erase exposure for the period it was visible. This is something to keep in mind when scrolling on your phone.

A court may order defamatory material removed or restrict further publication, but the stage of the proceeding matters. Relief granted after trial differs from an injunction sought before the claim has been decided. An early injunction is not automatic and can involve additional costs and risks. We can assess the publication, the urgency and the available evidence, and advise whether seeking that relief is appropriate in your circumstances. A demand, a correction or settlement discussions may also need consideration.