Experienced Defamation Lawyers Alberta

practice areas Experienced Defamation Lawyers Alberta

Defamation is the dissemination of false information to others. It can appear in a variety of forms, both spoken and written statements. An oral defamatory statement is known as slander, while a written statement is known as libel. Defamation can be in the form of publications and broadcasts and can damage your personal or business reputation.

Businesses, authors, professionals, public figures, and others devote a significant amount of time and money to building a strong and favourable reputation. This reputation can be jeopardized when damaging false claims are disseminated, whether orally, through conventional media, or, most notably, online. Usually, the magnitude and duration of the harm resulting from defamatory statements cannot be clearly quantified.

Perhaps you have been a victim of known or probable defamatory statements. You may be concerned about the impact these statements could have on your image or business. Consult our defamation lawyer as soon as possible to help you initiate a defamation claim. Our lawyers are experienced in dealing with this complex litigation. The sooner you act, the faster you will be able to control the situation and start recovering.

On the other hand, you could face charges for making defamatory statements. Our lawyers at Taurus Law can also help. Our trial lawyers will help you create a strong defence against defamatory remarks. When fighting slander claims, we can assert that the defendant did not make a slanderous statement. Having handled numerous defamation actions, we understand the court system. We will leverage this extensive experience to your advantage. We are not afraid to take your case to the appellate courts if necessary.

Understanding Defamation Law

Defamation and Media Law are two independent but linked areas of practice. The most significant one is defamation law. It is a cause of action that seeks to defend and restore a person’s reputation. We are a renowned defamation and media law group committed to pursuing the best legal outcomes for our clients, including media clients.

In common-law Canada, long-established common-law principles govern defamation. However, most districts and provinces have local legislation, like the Alberta Defamation Act, that governs various parts of defamation law. Canada is typically regarded as a “plaintiff-friendly” defamation jurisdiction. It is easier for plaintiffs to prove defamation than in places such as the United States.

Defamation Basics: What Constitutes Defamation?

Defamation is defined as making a false statement to a third party that damages an individual’s or organization’s reputation, well-being, or finances. To determine if a statement qualifies as defamatory, the court will evaluate whether:

• The statement was made to a third-party
• It contained information that can lower the plaintiff or expose them to hatred, ridicule, or contempt. The plaintiff can be an individual or organization. The estimation is made based on the “right thinking members of society generally.”
• An ordinary person would have considered the statement defamatory

Importantly, the test is objective rather than subjective. Consequently, it makes no difference whether the complainant believes the comment would damage their reputation. The question is if a reasonable person or the average person would consider the statement defamatory.

Types of Defamation: Libel vs. Slander

There are two forms of defamation:

• Libel (written) statements
• Slander (spoken)statements

What is Libel?

Libel is a defamatory statement expressed in writing. It also encompasses the growing field of online interaction. False information can be found in newspaper stories, letters to editors, blog entries, and social media posts (such as Facebook, Twitter, and Linked-In), among other internet platforms.

Written words have a longer-lasting influence than oral or spoken statements because they have a record and are more permanent. As a result, libel is usually perceived to be more damaging than slander.

When suing for libel, you don’t have to prove that you experienced damages. All you have to do is show that a defamatory statement was made against you to a third party. You also have to prove that there is a permanent record of the statement.

What is Slander?

Slander is a false or defamatory remark communicated orally or even using a hand gesture. Unlike libel, slander requires you to demonstrate that financial losses were experienced because of the slanderous remarks. This can be difficult to prove.

Proving Slander Defamation Claims

Recovering damages for slander can be tricky. Usually, you can only initiate legal action for slander upon proving special damages. However, there are some exceptions to proving slander. You don’t have to prove special damages if any of the following circumstances apply:

• Accusing a person of committing an offence
• Accusing a female of being unchaste
• Accusing a person of having a horrible sickness
• Accusing a person of being unfit to engage in their occupation or trade

Unless any of the exceptions outlined apply, proof of special damage is mandatory. This implies that the individual complaining of slander must demonstrate some type of material damage. General damages for loss of reputation or hurt feelings cannot be recovered.

Legal Process: Navigating Defamation Litigation

An offensive statement is not automatically defamatory. Legally, a complainant’s opinion regarding a statement is irrelevant when deciding whether it qualifies as defamatory. Rather, the following elements must be met for a statement to be deemed defamatory:

• A statement is defamatory if it is perceived as such by ordinary, decent members of the community.
• It is not essential to show that the defamatory words were uttered maliciously. Courts will evaluate the natural and customary interpretation of the words used instead of the speaker’s intention. The court considers if a reasonable person would have considered the statement defamatory. In some circumstances, courts may additionally consider innuendos or secondary meanings.
• A statement that is proven to be accurate is not defamatory.
• A false statement that doesn’t cause harm is not considered defamatory. Not all errors in a publication qualify as defamation.
• Similarly, it must be demonstrated that the statement was relayed to, or made in the presence of, a third party who understands the statement.

Protecting Reputation: Strategies for Reputation Management

It is critical to understand that companies can defame or be defamed. A company’s livelihood is usually dependent on its reputation; therefore, there is a legal remedy for defamatory statements that harm that reputation and cause economic damages.

In Alberta, companies can take legal action to protect their reputation without always needing to prove specific financial losses. Under Alberta defamation law, if the slander affects professional or corporate reputation, damages may be presumed, giving businesses a streamlined path to seek justice.

Taurus can advise you on how this clause can help safeguard your interests. Our defamation lawyers can also explain how damages for a defamed company differ from those for a defamed individual.

Defamation in Traditional vs. New Media

Besides oral or written defamation on traditional media like newspaper articles, defamation can also occur online.

Defamation claims do not cover all forms of online misconduct. For example, if a person engages in reckless or malicious conduct on the internet, the perpetrator may be held guilty of cyber harassment. It must be evident that the perpetrator acted with the intent to cause anxiety or fear or impugn the victim’s dignity.

Egregious and persistent internet harassment can have a negative impact on a person’s reputation, mental health, professional and personal life. Courts can grant compensation or injunctive relief to prevent this nasty behaviour from occurring again. If you have been a victim of persistent internet abuse, our defamation lawyers can advise and offer dedicated legal representation.

The expansion of electronic communication has raised new challenges in defamation law. One of the most pressing issues is when Canadian courts can exercise jurisdiction over defamation cases while the defendant is situated in another jurisdiction. Recent Supreme Court of Canada rulings have held that it is sufficient if the defamatory content can be read or downloaded within Canada. There is no necessity for the communication to be published in Canada.

Canadian courts have a broad approach toward defamation jurisdiction. A plaintiff’s damages can be impacted by the decision to file a case in another country. This is especially true where only a limited number of persons viewed or downloaded the defamatory statement.

Defamation in the Media: Impact and Ramifications

In most provinces, defamation cases against media defendants are subject to severe notice obligations and a shorter limitation period. The extent to which these regulatory provisions apply to unconventional media and electronic publishing remains unclear.

Media law also encompasses non-defamation problems impacting the media. They include source protection and public access to or reporting on the legal system, especially publication bans.

Publication bans cause a clash between freedom of expression and an accused’s right to a fair trial. They are thus the subject of significant litigation in prominent cases.

Special Considerations: Emergency Injunctions and Injunctive Reliefs

Plaintiffs can obtain injunctions to prevent defamatory material from being published or posted, either before or after trial. These injunctions can be fairly wide, requiring the defendant not to publish anything concerning the plaintiff under any circumstances.

Interlocutory injunctive relief for defamation is deemed an unusual remedy and is only issued in the most clear-cut circumstances. After finding the defendant guilty of defamation, relief can be more easily obtained. The plaintiff should demonstrate that the defendant will keep publishing defamatory words or that there is a real possibility of not receiving compensation.

Upholding Rights and Safeguarding Reputations

Taurus Law has experienced defamation lawyers who can handle your individual or business defamation case. We are ethical, credible, and professional, making us reputable in Canada. We endeavour to resolve our clients’ issues efficiently by providing high-quality services at competitive pricing.