Can I send a demand letter for defamation without going to court in Ontario?
Yes, a demand letter is often the right first step in a defamation dispute in Ontario. A defamation demand typically asks the other party to retract the false statement, issue a correction or apology, remove online content, and sometimes pay compensation for reputational harm.
Defamation claims in Ontario are governed by the Libel and Slander Act and the common law of defamation. Written defamation is libel; spoken defamation is slander. Before launching a lawsuit, which can be expensive and public, many defamation disputes are resolved through a firm letter demanding retraction and an apology. A public retraction can itself be valuable — it may reduce the ongoing harm to your reputation — and courts consider prompt retraction when assessing damages.
Keep in mind that defamation claims can attract countersuits, particularly if the other party claims your demands are themselves an attempt to silence legitimate speech (sometimes called a Strategic Lawsuit Against Public Participation, or SLAPP). Ontario's Protection of Public Participation Act provides courts with tools to dismiss baseless defamation claims brought for the purpose of silencing critics. This does not prevent you from pursuing genuine defamation; it is simply a factor to consider.
A lawyer should review any defamation demand before it is sent.
Key takeaways
- A defamation demand letter often seeks retraction, apology, and removal of content.
- Ontario's Libel and Slander Act and common law govern these claims.
- A prompt retraction can reduce ongoing harm and affect any damages award.
- Consult a lawyer — defamation disputes can raise complex privilege and SLAPP issues.