Defamation

According to Canadian law, defamation is any communication that tends to lower the esteem of the subject in the minds of ordinary members of the public.

Remedies for defamation

In most defamation cases, a plaintiff claims two types of remedies:

1. Monetary compensation for the damages to his or her reputation
2. A court order commanding a defendant to retract the defamatory statement.

Defamation in the Small Claims Court

• The Small Claims Court deals only with those claims where the remedy requested is for paying money or returning property.
• In practice, it means that The Small Claims Court can order monetary compensation for damages to one’s reputation. These damages may result from the publication of a defamatory statement.
• However, the amount of such damages must, of course, be within the Small Claims Court monetary jurisdiction of $35,000.00.

How to prove defamation in the Small Claims Court

The plaintiff in the Small Claims Court must prove necessary elements of the defamation to get compensation. Therefore, the court will need to hear evidence that:

1. The defendant publishes a certain statement about the plaintiff, and, of course,
2. That the statement, indeed, was defamatory. Practically, it means that the statement would cause reasonable persons to regard the plaintiff with hatred, contempt, fear or ridicule.

The Libel and Slander Act Rules

• Also, apart from providing evidence for the above, the plaintiff must observe the Libel and Slander Act rules. 
• The Act, for example, requires the plaintiff to give a publisher of the defamatory statement a written notice of complaint. Accordingly,  the notice must explain the details of the plaintiff’s complaint.  In addition, the plaintiff also must give such notice within six weeks after an alleged libel came to the plaintiff’s attention.
• The court will no allow an action for defamation without such notice.

As you can see, it is definitely possible to sue for damages resulting from defamation in the Small Claims Court for an amount of up to $35,000.00. On the other hand, if retraction of a defamatory statement is a higher priority, or if one wants to recover greater damages, the victim of defamation should, of course, go to the Superior Court of Justice.