Defamation covers libel (written or published statements) and slander (spoken statements). For libel in a newspaper or broadcast, Ontario's Libel and Slander Act requires written notice to the defendant within six weeks of the libel coming to your knowledge, and the lawsuit itself must be started within three months. For other defamation, the general two-year limitation period applies. Remedies include damages, an injunction, and a corrective order — with a timely apology or correction able to reduce, though not eliminate, the damages awarded.
- Libel is written or published defamation; slander is spoken defamation — the distinction affects the applicable rules.
- For libel in a newspaper or broadcast, written notice must be given to the defendant within six weeks of the libel coming to your knowledge.
- A lawsuit for libel in a newspaper or broadcast must be commenced within three months of the libel coming to your knowledge — far shorter than the ordinary limitation period.
- For libel and slander outside the newspaper/broadcast context, the general two-year limitation period applies instead.
- The notice requirement exists to give the defendant a genuine opportunity to retract, correct, or apologize before litigation, which can mitigate damages.
- Remedies include monetary damages, an injunction preventing repetition, and orders compelling a correction.
Libel vs. Slander
Defamation law in Ontario, governed largely by the Libel and Slander Act, distinguishes between libel — defamation in a fixed, published form such as writing, broadcast, or an online post — and slander — spoken defamatory statements. This distinction is more than academic: it drives which specific notice and limitation rules apply.
The Notice Requirement
For libel in a newspaper or broadcast, the Libel and Slander Act requires the plaintiff to give the defendant written notice within six weeks of the libel coming to their knowledge, specifying the matter complained of. The purpose is to give the defendant an independent opportunity to issue a retraction, correction, withdrawal, or apology — which can mitigate the damages ultimately awarded.
Six weeks passes quickly, especially while still assessing the scope of the harm. If you believe you have been defamed in media, get legal advice immediately — not after the notice window has already closed.
Defamation Limitation Periods
Where the notice requirement applies (newspaper or broadcast libel), the lawsuit itself must be commenced within three months of the libel coming to your knowledge — dramatically shorter than the general civil two-year limitation period. For libel and slander outside the newspaper/broadcast context — including most online and social media defamation, and purely spoken statements — the ordinary two-year limitation period generally applies instead.
| Type | Notice Deadline | Limitation Period |
|---|---|---|
| Libel — newspaper or broadcast | 6 weeks | 3 months |
| Other libel and slander | Not required | 2 years |
What You Need to Prove
A defamation claim generally requires showing that a defamatory statement was made about you, that it was communicated to at least one other person, and that it caused harm to your reputation. Certain categories of slander historically require proof of actual financial loss, while libel and some categories of slander do not — the specific category of statement affects your evidentiary burden.
Available Remedies
A successful plaintiff can recover monetary damages for reputational harm, obtain an injunction preventing the defendant from repeating the statement, and seek an order compelling the defendant to take corrective action. A timely apology or correction from the defendant — sometimes prompted by the notice requirement itself — can reduce, though not eliminate, the damages ultimately awarded.
A Toronto business discovers a false, damaging claim about its practices published by a local media outlet. Within the six-week window, counsel sends formal notice under the Libel and Slander Act demanding a retraction. When the outlet declines, a Statement of Claim is filed within the three-month deadline in the Superior Court, seeking both damages and a corrective order.
Anti-SLAPP Considerations
Ontario's Protection of Public Participation Act allows a defendant to bring an early motion to dismiss a lawsuit that appears aimed at silencing expression on a matter of public interest — commonly raised in response to defamation claims against media outlets, critics, or online commentators. Both plaintiffs considering a claim and defendants facing one should factor this into their strategy from the outset, since a successful anti-SLAPP motion can end a claim early, with cost consequences.
When This Belongs in Superior Court
Higher-value defamation claims, matters involving media defendants, and cases seeking an injunction generally belong in the Superior Court of Justice rather than Small Claims Court, given the remedies and procedural tools available there.
Given the short notice deadlines, call our Toronto defamation lawyers at 416-274-2222 as soon as possible.
Frequently Asked Questions
Libel refers to defamation in a fixed, published form — writing, broadcast, or online publication. Slander refers to spoken defamatory statements. The distinction matters because libel in a newspaper or broadcast triggers specific, shorter notice and limitation requirements under the Libel and Slander Act.
For libel in a newspaper or broadcast, yes — you must give written notice to the defendant, specifying the matter complained of, within six weeks of the libel coming to your knowledge. This gives the defendant an opportunity to retract, correct, or apologize before facing a lawsuit.
For libel in a newspaper or broadcast, the lawsuit must be started within three months of the libel coming to your knowledge — a much shorter window than most civil claims. For other libel and slander, the general two-year limitation period applies.
Generally, that a defamatory statement was made about you, that it was communicated to at least one other person, and that it caused harm to your reputation. Certain categories of slander require proof of actual financial loss, while others (and most libel) do not.
Remedies include monetary damages for reputational harm, an injunction to prevent the defendant from repeating the statement, and orders compelling the defendant to take corrective action. A prompt apology or correction from the defendant can reduce, though not eliminate, the damages ultimately awarded.
Ontario's Protection of Public Participation Act allows a defendant to bring an early motion to dismiss a lawsuit that appears aimed at silencing expression on a matter of public interest. Defamation claims — particularly against media, critics, or commentators — are frequently the target of anti-SLAPP motions, and both plaintiffs and defendants should factor this into their strategy.
Small Claims Court has its own defamation-related considerations and a monetary cap. For higher-value claims, matters involving media defendants, or cases requiring an injunction, the Superior Court of Justice is the appropriate venue, given remedies like injunctions are not generally available in Small Claims Court.