Monthly Archives: March 2017

Corporate Damages for Defamation

A corporation can be defamed just like a person, however, there are unique challenges and considerations where the defamed party is a corporation that are important to be aware of.  The main difference is with respect to how the Court will approach damages vis-à-vis a corporate plaintiff.

The Defence of “Fair Comment”

The threshold in Canada for a finding of defamation is not particularly stringent.  In order to prove defamation (libel or slander) against a particular defendant, a plaintiff must show on the balance of probabilities that: the statements were made to a third party, the words lowered the plaintiff’s reputation, and the words must be reasonably understood by others in a defamatory sense.