Find Lawyers in Canada for Defamation and Media Law
Practice Area Overview
Defamation and Media Law involves two separate, but related, areas of practice. Most important is defamation law, which is a cause of action designed to protect and vindicate a person’s reputation. There are two types of defamation, libel, which is written, and slander, which is spoken. In common-law Canada, defamation is governed by long-established common law principles, but there is provincial legislation in most of the provinces, such as the Ontario Libel and Slander Act, that also governs some aspects of defamation law. Canada is generally considered a “plaintiff-friendly” defamation jurisdiction as it is easier for plaintiffs to establish defamation compared to jurisdictions such as the United States. However, damage awards for defamation tend to be relatively small in Canada compared to other jurisdictions. Defamation is considered a fairly technical area of practice that has more strict pleading rules than other causes of action.
In order to succeed in an action for defamation, the plaintiff must prove: that the words in question would tend to lower the plaintiff’s reputation in the eyes of a reasonable person; the words referred to the plaintiff; and the words were communicated to at least one other person than the plaintiff. Falsity and damages are presumed. The defendant has the onus of establishing a defence to the defamation claim, such as truth or justification, absolute privilege, qualified privilege, or fair comment. Absolute privilege refers to occasions when individuals have absolute immunity from defamation claims, such as statements made in the legislature or in court. Qualified privilege refers to a person acting under a legal, moral, or social duty to communicate the impugned information to a person who has a corresponding duty or interest in receiving the communication, such as a regulatory body. Fair comment applies when words are expressions of opinion on a matter of public interest. Journalists have an additional defence, responsible communication, relating to fair and responsible reports on issues of public interest. Other than truth, malice, or ill-will can defeat these defences.
Before or after trial, plaintiffs can seek injunctions to have defamatory material removed from publication or posting. Such injunctions can be quite broad, including providing that that the defendant cannot publish anything about the plaintiff by any means. Interlocutory injunctive relief for defamation, because of its interference with freedom of expression, is considered an extraordinary remedy and is only granted in the clearest of cases. Once the defendant has been found liable for defamation, injunctive relief is more easily obtained if the plaintiff can show the defendant will continue to publish defamatory statements or where there is a real possibility the plaintiff will not receive compensation.
The proliferation of electronic communication has introduced new issues into the law of defamation. One of the most important is the question of when Canadian courts can take jurisdiction over defamation claims where the defendant is located in another jurisdiction. Recent decisions from the Supreme Court of Canada have determined that it is sufficient that defamatory material is read or downloaded in Canada. There is no requirement that the communication be substantially published in Canada. Therefore, Canadian courts take a liberal approach to defamation jurisdiction. However, a plaintiff’s damages may be affected by the decision to commence an action in a jurisdiction where a relatively small number of people read or downloaded the publication.
Regarding the media, in most provinces, there are strict notice requirements and shorter limitation period when dealing with defamation actions against media defendants. There are still questions about the scope of the application of these statutory requirements to non-traditional media and electronic publications. Media law also refers to non-defamation related issues involving the media, such as the protection of sources and public access to and reporting on the court system, particularly publication bans. Publication bans create a conflict between freedom of expression and the right of an accused to a fair trial and are consequently the subject of much litigation in high profile cases.
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Robert Anderson practices as general counsel representing clients in court and in alternative dispute forums including arbitrations and mediations. He regularly appears in court on matters that involve a wide variety of areas of law. Mr. Anderson practiced as Crown Counsel before joining Farris in 1981. Mr. Anderson has appeared in all levels of the courts in British Columbia, the Federal Trial Court, the Federal Court of Appeal, the Tax Court of Canada and the Supreme Court of Canada. He has...
Bryan Baynham chairs the Defamation, Privacy and Media Law Group at Harper Grey. He is also the past chair of our Commercial Litigation Group. Bryan provides advice and acts as counsel with respect to corporate and commercial disputes and all issues relating to aviation, real estate, contract, tort and defamation litigation. He has extensive experience and has represented a number of financial institutions in appellate proceedings. Bryan is consistently ranked among the top lawyers in Canada ...
A litigator since 1992, Caroline Biron advises the firm’s clients in the resolution of high-stakes disputes in a variety of areas, ranging from commercial law, corporate law, employment law, civil litigation (including defamation issues), privacy and professional liability law. https://woods.qc.ca/en/team/caroline-biron
Cara Cameron is a partner in the Litigation practice. She has particular expertise with commercial and corporate litigation that involves shareholders rights’ disputes, white-collar investigations and defence, commercial fraud and recovery actions (including Anton Piller and asset freezing orders), as well as with multi-jurisdictional enforcement and liquidation proceedings. She has represented clients at both trial and appellate levels, including at the Supreme Court of Canada. Cara's ...
Gavin Cameron is a litigator in Vancouver with a focus on commercial disputes and white-collar criminal investigations. Appearing as successful counsel in more than 50 reported decisions, including more than a dozen appeals, he advises on contractual disputes, shareholders’ remedies, defamation, commercial fraud, and regulatory prosecutions.
Scott Dawson is a partner in the litigation department and a trial lawyer experienced in the resolution of a broad range of commercial disputes. He regularly appears before British Columbia Courts as part of his business-focused civil litigation practice. His cases cover a wide variety of commercial litigation issues including supply contracts, insurance / reinsurance, directors' fiduciary duties, international and domestic agency disputes, shareholder disputes and corporate reorganizations. ...
Rick Dearden, a Fellow of the American College of Trial Lawyers, is a senior litigation partner in the firm's Ottawa office, practising primarily in the areas of international trade, investor-state arbitration, media and defamation law, freedom of information and administrative law. Rick’s accomplishments have also been recognized in the Best Lawyers in Canada ( International Trade; Defamation and Media Law ) ; Lexpert Guide To The Leading U.S./Canada Cross-Border Litigation Lawyers; Be...
Karl Delwaide has a reputation as a seasoned lawyer in the areas of public law and privacy and information protection law. He is one of the founders of the firm’s national Privacy and Information Protection group. Karl advises private companies and public bodies in these areas and represents them before the Commission d’accès à l’information du Québec and other courts or tribunals, including the Federal Court. A large part of Karl’s practice is dev...
As a member of the administrative law team, Raymond Doray heads the information law practice and, more particularly, is involved in issues pertaining to access to information, privacy and defamation, as well as the application of the Canadian and Quebec charters of rights and freedoms. He is also specialized in constitutional law. Over the past few years, Mr. Doray has represented many public, private and media organizations before the courts in cases involving the confidentiality of document...
Peter Downard is a senior litigator and expert in defamation matters. With extensive experience acting as defamation counsel throughout litigation proceedings, he has appeared before the Supreme Court of Canada, Ontario Court of Appeal for Ontario, trials and numerous mediations and advisory matters. Peter also has comprehensive experience in commercial litigation and alternative dispute resolution. Peter is the author of The Law of Libel in Canada, referred to as an authority on libel law in...
Ryder practises complex litigation and dispute resolution encompassing corporate-commercial disputes, securities, tax, competition, defamation and class action litigation. He has extensive courtroom experience, having appeared at every level of court in Ontario, as well as the Court of Queen's Bench in New Brunswick, the Supreme Court of Canada, the Federal Court of Canada, the Federal Court of Appeal and the Tax Court of Canada as well as many administrative tribunals including the Competiti...
Robert has extensive experience in oil and gas litigation and arbitrations, construction litigation, contract breach cases, First Nations governance, pension litigation and defamation actions, and he has represented clients in professional disciplinary matters before the Alberta Securities Commission, APEGGA, CREB and the Professional Conduct Committee of the Canadian Institute of Actuaries. He acts for a range of clients, from large corporations, pension funds and public institutions to indi...
Ludmila is an experienced litigator. For 25 years, she has acted for clients in corporate, commercial, regulatory and public law matters dealing with shareholder and other corporate disputes, contractual issues, real property (including property tax), energy regulation, anti-money laundering issues and many others. She has represented clients before all trial and appellate courts in British Columbia as well as the Federal Court and the Supreme Court of Canada. Ludmila also often argues cases ...
Peter has over 40 years experience in practice as a litigator and provider of legal advice in diverse sectors, notably in media. Peter practises mainly in the areas of media law, defamation law, administrative law and constitutional law. He is a seasoned litigator and has significant experience in trials, appeals and judicial reviews at all levels of court and before numerous administrative tribunals. Peter provides regular pre-publication advice and litigation services to major media outlets...
Fred Kozak carries on a civil litigation practice with an emphasis on constitutional law, media and defamation issues, and employment and administrative proceedings. He is admitted to the bar in Alberta, Yukon and the Northwest Territories. Fred represents several national news organizations, and provides pre-publication advice to both print and broadcast media outlets. Fred has been counsel in several cases where the Charter has been used to strike down provincial or federal legislation, and...
Christian Leblanc specializes in intellectual property with a focus on patents, particularly pharmaceutical patents. His practice also encompasses media, communications, and defamation law. Christian has been recognized in numerous legal directories for his exceptional understanding of the business world. Christian represents many clients from various industries who want to protect their intellectual property and high technology rights. A seasoned litigator, Christian has acted on behalf of c...
Don Lucky is RMRF’s team leader in Construction Law. His construction law practice involves providing advice to a large international general contractor and to many public and private owners, in respect to: construction contract delivery models and negotiation; insurance and bonding; tendering and procurement; builders’ liens; litigation and alternate dispute resolution. Don has provided advice to Contractors and Owners in numerous construction mega projects. These include power p...
Brian N. Radnoff is a partner at Lerners LLP in Toronto, in its Commercial Litigation Group. He is the practice group leader of the Appellate Practice Group. Mr. Radnoff’s practice involves work in many facets of commercial and complex litigation. He acts as counsel for clients in a wide variety of commercial disputes, including securities litigation, shareholder disputes, contractual disputes, professional liability, employment claims, administrative law, defamation claims, estate liti...
Richard Vachon practices mainly in the fields of commercial litigation, class actions, litigation in securities, defamation, and employment law. He pleads regularly before the courts of first instance and the Court of Appeal of Quebec as well as arbitration tribunals. He also acts as strategic advisor to many of his clients. Notable representative clients, among others, include: Chrysler Canada Inc.; Quebecor Inc.; Groupe TVA Inc.; Desjardins Securities Inc.; Member of the Liaison Committee w...
Marko practices civil and commercial litigation with a focus on class actions, defamation, securities litigation, copyright, product liability cases, and commercial arbitrations. He has appeared as lead counsel before the Supreme Court of Canada, the Federal Court of Appeal, at all levels of court in British Columbia, and as defence counsel before the British Columbia Securities Commission. Marko was the head of the Litigation and Dispute Resolution Group at Lawson Lundell. Marko is a regular...
Scott is a Partner in Parlee McLaws’ Calgary office. His successful litigation practice focuses on oil and gas, media, and insolvency law. Through his numerous industry contacts with leading financial institutions and major oil and gas companies, Scott has developed significant experience in insolvency matters, media and defamation, and oil and gas litigation, appearing on numerous occasions in all levels of Courts in Alberta. Scott has represented industry clients in disputes involving...
Mr. Winkler has a well-deserved reputation in the Ontario legal community for good judgment and his practical, fair approach to conflict resolution. Mr. Winkler is Certified by the Law Society of Ontario as a Specialist in Civil Litigation. Mr. Winkler regularly represents both plaintiffs and defendants in complex factual and legal disputes both at trial and at all levels of Appeal. Mr. Winkler specializes in the area of media and defamation law. For media clients this includes the pre-screen...
James A. Woods , senior partner of the firm, practises in litigation and arbitration and pleads at all levels of federal and provincial courts in Ontario and Québec including the Supreme Court of Canada. Once again, named by Lexpert® 2017 as one of the Leading 500 Lawyers in Canada – Montreal, Corporate and Commercial Litigation. Recognized by the Best Lawyers Directory since 2006 for his expertise in the fields of Bet-the-Company Litigation, Class Action Litigation, Corporat...
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