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What should you do if someone posts a negative comment about you on social media or writes a false blog about you? The freedom of thought, belief, opinion, and expression—which includes freedom of the press and other media—is guaranteed by the Canadian Charter of Rights and Freedoms.
However, this freedom can have serious consequences if someone is able to prove that a statement harmed their reputation. Defamation, a civil tort, allows individuals to sue for damages to their reputation. That’s why in these situations, you should always consult a litigation lawyer in Toronto, such as Humber Bay Law.
In the pre-internet era, defamation damages were typically capped at around $20,000. However, with the rise of the internet and social media, the landscape has drastically changed. The Ontario Court of Appeal highlights the severity of online defamation, noting its instantaneous, far-reaching, and anonymous nature, which increases the likelihood that defamatory remarks will be believed, and that damages will subsequently follow as a result.
In the case of Barrick Gold Corporation v. Lopehandia et al. (2004), the court awarded $75,000 in damages to the plaintiff, illustrating the significant impact of online defamation. However, not every negative remark qualifies as defamation. A three-part test determines if a comment is defamatory:
· The words must be defamatory, lowering the plaintiff's reputation in the eyes of a reasonable person, and leading to a measurable impact on the plaintiff.
· The words must refer to the plaintiff.
· The words must be published, meaning they were communicated to at least one other person.
For example, calling someone an "idiot" may not qualify as defamation, but calling a professional "incompetent at their job" likely would.
Once a plaintiff meets these criteria, the defendant can only avoid liability by using one of the accepted defenses. If these defenses fail, the plaintiff wins the lawsuit. Defamation is a tort of strict liability, meaning intent to harm or carelessness isn't required; the three-part test must simply be proven on the balance of probabilities.
When determining damages, courts consider factors such as loss of self-esteem, hurt feelings, and actual damage caused by the defamatory words, such as loss of job opportunities or business. Self-employed individuals losing customers due to defamation can receive significant damages. Consulting a corporate litigation lawyer in Toronto can ensure that you navigate these legal complexities effectively.
In the famous Hill v. Church of Scientology case, the judge established the following criteria for determining damages:
· The status and position of the plaintiff.
· The character and gravity of the disparaging remarks.
· The publishing method and scope.
· The lack of an apology or retractions, or their rejection.
· The defendant's actions and intentions.
· Any aggravating or mitigating circumstances.
· Failure to retract or apologize for a defamatory comment can increase the damages awarded. Conversely, an apology may reduce the amount.
Before litigation, a notice under the Libel and Slander Act, section 5.1, is usually sent, asking for the removal of the defamatory statement and an apology. Ignoring such a notice can result in increased damages, as seen in Nassri v. Homsi (2017), where the court awarded $90,000 in total damages for defamation and aggravating factors.
General damages are awarded for three reasons:
· Consolation to the plaintiff for distress suffered.
· Repairing harm to reputation, including business reputation.
· Vindication of reputation.
If you believe your reputation has been damaged by someone's statements, consult with litigation lawyers in the Toronto area to explore the possibility of a defamation claim.
Whether you need a civil litigation lawyer or a corporate litigation lawyer, obtaining a judgment against the offender can help restore your reputation and mitigate the damage caused.
Negative comments and false statements on social media can significantly harm your reputation. Understanding your legal rights and consulting with the best litigation lawyer in Toronto at Humber Bay Law can help you effectively address and resolve defamation issues. If you face defamation, don't hesitate to seek expert legal advice to protect your reputation.
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