Defamation in Ontario: The Difference Between Libel and Slander

Someone said something damaging about you — or posted it for thousands to read. Your first question is probably: can I sue? Ontario law recognizes defamation as a serious civil wrong, but the rules differ depending on whether the harmful statement was spoken or written. Understanding the distinction is the starting point for any defamation claim.

Defamation in Ontario covers two sub-torts: libel (a permanent, recorded form) and slander (a transient spoken statement). Ontario's Libel and Slander Act layers additional rules on top of the common law. This article explains both, walks through what you must prove, and tells you what remedies are available.

Libel: Permanent and Published Statements

Libel is defamation in a fixed, recorded form — a newspaper article, a social-media post, a letter, a podcast transcript, a photograph with a caption. Because libel is permanent and can spread widely, Ontario courts have historically treated it as presumptively more serious than slander.

Why the distinction matters:

• In a libel claim, the law generally presumes that you suffered damage once publication is proved. You do not need to show specific financial loss to get to a jury or judge.
• Ontario's Libel and Slander Act gives you special rights — and imposes short, strict notice deadlines — when the defendant is a newspaper or broadcaster. (See the notice section below.)
• Libel on the internet — including social-media posts, review platforms, and online forums — is treated as libel, not slander, because the content is recorded and can be accessed indefinitely.

Slander: Spoken, Transient Statements

Slander is an oral statement that is not recorded in any permanent form. A damaging remark made at a dinner party, in a phone call, or in a hallway conversation is slander if a third party hears it.

The general rule on damages:

Unlike libel, slander typically requires you to prove special damages — actual, quantifiable financial loss — before your claim can succeed. Ontario courts have recognized narrow exceptions where damage is presumed even without proof of financial loss. These exceptions generally cover:

• Statements that falsely accuse someone of a criminal offence.
• Statements that injure a person's trade, profession, or business.
• Certain statements about contagious disease.

If your situation does not fall into an exception, you will need evidence of real economic harm — lost clients, a terminated contract, a withdrawn job offer — to win a slander action.

What You Must Prove in Any Defamation Case

Whether the claim is libel or slander, the plaintiff must establish three core elements on a balance of probabilities:

1. The statement was defamatory. It must lower you in the estimation of reasonable people, expose you to hatred, contempt, or ridicule, or cause others to shun or avoid you. Statements of pure opinion can be defamatory if they imply false facts.

1. The statement was about you (identification). The statement must refer to you specifically, even if your name was not used. A description, a pseudonym, or a photo can be sufficient.

1. The statement was communicated to at least one third party (publication). A statement sent only to you is not actionable — someone else must have seen or heard it.

Once you establish these three elements, the burden shifts to the defendant to prove a defence. Common defences — truth, fair comment, qualified privilege, and responsible communication — are discussed in a separate Treadstone Law article.

The Role of the Libel and Slander Act

Ontario's Libel and Slander Act modifies the common law in several important ways, particularly for claims against newspapers and broadcasters:

• Notice requirement. As of writing, a plaintiff intending to sue a newspaper or broadcaster must serve a written notice of the alleged libel within a very short window after the publication comes to their attention — verify the current deadline because these timelines are strict and failure to give notice can bar your claim entirely.
• Apology as mitigation. A timely apology or correction can reduce, though not eliminate, a defendant's damages.
• Slander of title and slander of goods. The Act also addresses false statements that harm your property interests or your goods, which are distinct from personal defamation.

For defamation that does not involve a newspaper or broadcaster — such as a social-media post by a private individual — the Act's notice requirements do not apply, though limitation periods under the Limitations Act still govern when you must start your lawsuit.

Damages: What Can You Recover?

Ontario courts can award several types of damages in a successful defamation action:

• General damages — compensation for injury to reputation, hurt feelings, and loss of standing in the community.
• Special damages — proven financial losses (lost income, lost business).
• Aggravated damages — where the defendant's conduct was high-handed, malicious, or particularly harmful.
• Punitive damages — in rare cases where the defendant's behaviour was so outrageous the court wants to punish and deter.

The range of awards varies widely. Ontario courts consider how broadly the statement circulated, how serious the allegation was, and whether the defendant apologized or repeated the statement.

Frequently asked questions