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Litigation

Does issuing a retraction reduce damages in an Ontario defamation lawsuit?

TSL Written by the Treadstone Law team· Updated August 2026

A retraction does not erase the fact that a defamatory statement was published, so it is not a complete defence, but it can meaningfully reduce the damages a court ultimately awards, since a prompt, genuine, and sufficiently prominent retraction can limit the ongoing harm to reputation and can also reflect on the defendant's good faith, which courts consider when assessing an appropriate damages award.

The timing, prominence, and sincerity of the retraction all matter to how much weight it carries. A retraction issued quickly and given similar visibility to the original statement carries considerably more weight than one issued much later, buried where few people will see it, or worded in a way that does not clearly acknowledge the original statement was wrong. In the specific case of newspaper or broadcast libel, a retraction or correction can also be relevant to the special notice and limitation requirements under the Libel and Slander Act, though a retraction does not remove the separate need to comply with those procedural deadlines. Overall, a retraction is best understood as a mitigating factor, not an escape from liability.

Key takeaways

  • A retraction does not eliminate liability but can reduce the damages awarded.
  • The timing, prominence, and sincerity of the retraction all affect its impact.
  • A prompt, visible retraction generally carries more weight than a late or buried one.
  • A retraction does not remove the separate notice and limitation requirements for newspaper or broadcast libel.
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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