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Litigation

Can a defamation case be heard by a jury in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

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.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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