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What's the legal difference between libel and slander in an Ontario lawsuit?

TSL Written by the Treadstone Law team· Updated August 2026

Libel refers to defamation in a permanent or recorded form - written words, published images, broadcast content, or anything else that exists in a lasting medium - while slander refers to defamation that is spoken or otherwise transient, without being recorded anywhere. This distinction historically mattered a great deal because slander generally required proof of actual financial loss to succeed, while libel did not, though Ontario law recognizes several specific exceptions where slander is treated like libel and does not require proof of loss, sometimes described as slander that is actionable in itself.

In practice today, a huge amount of what used to be considered fleeting speech - social media posts, recorded videos, group chat messages - is captured in some permanent record, which has blurred the practical difference between the two categories considerably compared to when the distinction first developed. The Libel and Slander Act also sets special, much shorter notice and limitation requirements specifically for claims involving a newspaper or broadcast, which do not apply the same way to ordinary spoken statements or private written communications outside that context.

Key takeaways

  • Libel is defamation in a permanent form; slander is spoken or transient defamation.
  • Slander traditionally required proof of financial loss, while libel generally did not.
  • Certain categories of slander are treated like libel and do not require proof of loss.
  • Special short notice and limitation rules under the Libel and Slander Act apply only to newspaper or broadcast defamation.
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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