- Ontario courts have confirmed that defamation claims can proceed in Small Claims Court, subject to the current $50,000 monetary jurisdiction.
- Small Claims Court never offers a jury trial for any claim type — so there is no special "jury waiver" needed for a defamation claim there, unlike historically in Superior Court.
- A key trade-off: anti-SLAPP motions (a fast early-dismissal tool under s.137.1 of the Courts of Justice Act) are not available in Small Claims Court — only in Superior Court.
- Defamation carries unusually strict limitation periods — as short as 6 weeks' notice and 3 months to sue for libel in a newspaper or broadcast, though most everyday disputes fall under the general 2-year limitation period instead.
- Damages above the current small claims limit require pursuing the matter in Superior Court instead, where the anti-SLAPP tool becomes available to both sides.
- Given the strict limitation periods and the practical trade-offs involved, getting legal advice quickly after a defamatory statement matters more here than in most other small claims disputes.
The Short Answer
Yes — Ontario Small Claims Court can hear defamation (libel or slander) claims, and case law has confirmed this in practice. But suing there means giving up a tool available only in Superior Court, and defamation claims carry limitation periods that can be far shorter than the general 2-year rule most people expect.
Jurisdiction: Small Claims Court Can Hear These Claims
Ontario courts have confirmed that defamation claims are capable of being justly resolved in Small Claims Court, like any other tort claim, subject to the court's monetary jurisdiction. This isn't automatic in every case — a defendant can still argue a specific claim is too complex for the Small Claims Court process — but there is no blanket rule keeping defamation out of Small Claims Court.
A professional sues over a negative online review they say contains false statements of fact. The claim proceeds in Small Claims Court, and the defendant's attempt to have it transferred to Superior Court — specifically to access an early-dismissal tool — is refused, with the court finding the claim can be justly resolved where it was filed.
What About the Right to a Jury?
Jury trials are categorically unavailable in Small Claims Court, for any type of claim — this is a blanket procedural rule, not something specific to defamation. Historically, defamation claims were closely associated with a right to a jury trial in higher courts, which created uncertainty about how they fit into a no-jury forum like Small Claims Court. In practice, choosing Small Claims Court simply means no jury is ever on the table, the same as it would be in a Superior Court Simplified Procedure action.
The Anti-SLAPP Trade-Off
Section 137.1 of the Courts of Justice Act allows a defendant to bring an early “anti-SLAPP” motion to dismiss a lawsuit that appears aimed at silencing expression on a matter of public interest, rather than genuinely vindicating a legal right. This tool is not available in Small Claims Court — only in Superior Court. Depending on which side of a defamation dispute you're on, this can meaningfully affect strategy: a plaintiff with a genuine claim may prefer Small Claims Court partly because it avoids this early-dismissal risk, while a defendant facing a weak or strategic claim loses access to that tool if sued there.
Defamation's Strict Limitation Periods
Defamation claims are governed by unusually strict, and easy to miss, deadlines under the Libel and Slander Act:
| Type of Publication | Notice Required | Time to Sue |
|---|---|---|
| Libel in a newspaper or broadcast | Within 6 weeks of learning of it | Within 3 months |
| Libel or slander outside a newspaper or broadcast (most everyday disputes) | Not specifically required | General 2-year Limitations Act period |
Whether a specific online publication — a review, a social media post, a blog — counts as a “broadcast” for these shorter deadlines has been contested in the case law and depends on the specific facts. Don't assume the longer 2-year period automatically applies to something posted online — get legal advice promptly rather than guessing which clock is running.
The $50,000 Monetary Limit
Small Claims Court's monetary jurisdiction is currently $50,000, excluding interest and costs, effective October 1, 2025, under Ontario Regulation 42/25. A defamation claim seeking damages within this limit can proceed there; a claim seeking more would need to go to Superior Court, or be reduced to $50,000 with the excess abandoned.
When Superior Court Makes More Sense
- Damages sought exceed $50,000 — the claim needs a forum with higher monetary jurisdiction
- You anticipate needing the anti-SLAPP tool as a defendant, or want to avoid it being unavailable to the other side as a plaintiff
- The claim is factually or legally complex, involving multiple publications, jurisdictions, or defendants
Common Mistakes
Newspaper and broadcast libel carries a much shorter 6-week notice and 3-month suit deadline — missing it can end your claim before it starts.
Ontario case law confirms it generally can — don't automatically default to Superior Court without weighing the trade-offs.
Choosing a forum without understanding this tool's availability can mean an unwelcome surprise for either side of the case.
Online content can be edited or deleted — screenshot and document the statement as soon as you become aware of it.
Considering or facing a defamation claim? Call our Toronto team at 416-274-2222 for a free consultation — time may be of the essence.
Frequently Asked Questions
Yes. Ontario case law has confirmed defamation claims can proceed in Small Claims Court like other tort claims, subject to the court's monetary jurisdiction — currently $50,000, excluding interest and costs.
No jury trials are available in Small Claims Court for any type of claim — this is a blanket rule, not something specific to defamation. If a jury trial matters to you, that would only be available (if at all) in a Superior Court action, and even there, jury trials are far from guaranteed in most civil matters.
An anti-SLAPP motion, under section 137.1 of the Courts of Justice Act, lets a defendant seek early dismissal of a lawsuit that appears aimed at silencing expression on a matter of public interest. This tool is only available in Superior Court — a defendant sued for defamation in Small Claims Court cannot use it, which can matter significantly depending on which side of the claim you're on.
It depends on the type of publication. For libel in a newspaper or broadcast, the Libel and Slander Act requires written notice within 6 weeks of learning of it, and the lawsuit must be started within 3 months. For libel or slander outside a newspaper or broadcast — which covers most everyday disputes, including many online statements — the general 2-year limitation period under the Limitations Act applies instead.
Whether an online publication counts as a "broadcast" for these purposes has been contested in the case law and depends on the specific facts. Given the stakes of missing a deadline, don't assume the longer 2-year period automatically applies to an online statement — get legal advice promptly to determine which limitation period governs your specific situation.
You would need to pursue the claim in the Superior Court of Justice instead, either under the regular procedure or Simplified Procedure depending on the amount, to recover the full amount — or you could limit your Small Claims Court claim to $50,000 and abandon the excess.
Potentially, yes, if the review contains false statements of fact (as opposed to genuine opinion) that damage someone's reputation. Ontario courts have heard defamation claims specifically arising from online reviews, including in Small Claims Court.
Strongly recommended, and quickly. Between the unusually short limitation periods for some types of publication and the strategic choice between Small Claims Court and Superior Court, defamation claims have more moving parts than most small claims matters.