DEFAMATION: LIBEL & SLANDER

Making or repeating a statement that is not true is defamation. Libel is written defamation. Slander is oral defamation. Both are actionable torts to recover for damages to one’s reputation and/or actual damages incurred.

Generally, once defamation is proven, damages are presumed and awarded without the need for evidence of actual damages. If actual damages were incurred as a result of defamation those actual damages may also be claimed.

Truth is an absolute defence to defamation. There are also various exceptions and privileges which may apply for journalists, concerned persons inadvertently making defamatory comments to the correct party, and politicians.

We handle defamation cases both for the Plaintiff and Defendant side and have provided guidance in advance to councilors, NPOs, board members, newspapers and magazines concerned about potentially defamatory comments.