Can a defamation case be heard by a jury in Ontario?
Yes. Defamation cases in Ontario can be heard by a jury, and either party generally has the ability to request one, which is somewhat unusual since many other types of civil claims today are more commonly heard by a judge sitting alone. Defamation has historically been treated as one of the categories of civil claim where a jury trial is considered particularly appropriate, given that assessing reputation, community standards, and the impact of a statement on how a reasonable person would view the plaintiff can be seen as well suited to a group of community members rather than a single judge deciding alone.
That said, a jury trial is not automatic in every case - it generally needs to be requested according to the applicable procedural rules, and a court retains some ability to order a trial without a jury in specific circumstances where a jury trial would not be appropriate given the particular nature of the case. Choosing between judge and jury is a significant strategic decision in defamation litigation, and one worth discussing carefully with a lawyer early in the process.
Key takeaways
- Defamation cases in Ontario can be heard by a jury, unlike many other civil claims.
- Either party generally has the ability to request a jury trial.
- A jury trial must generally be requested under the applicable procedural rules, not automatic.
- Choosing between judge and jury is a significant early strategic decision in these cases.