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ARTICLE · 08 MAY 2017

Can An Employer's Unfavourable Reference Ground A Claim For Defamation?

Roper Greyell LLP
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The Ontario Superior Court of Justice recently found an employee's defamation claim against his previous employer for an unfavourable reference could not succeed, because the reference was justified...

CanadaEmployment and HR
Jennifer Devins
Jennifer Devins
Danielle Scorda
Danielle Scorda
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The Ontario Superior Court of Justice recently found an employee's defamation claim against his previous employer for an unfavourable reference could not succeed, because the reference was justified and fell "within the range of qualified privilege".

The facts

In Papp v. Stokes et al, 2017 ONSC 2357,  the Ontario Superior Court of Justice considered a claim brought by Adam Papp for wrongful dismissal and defamation against his former employer, Stokes Economic Consulting Inc., and Ernest Stokes, the president of the company. Mr. Papp sought $65,000 in damages for wrongful dismissal, as well as $500,000 in damages for defamation; $200,000 in punitive, exemplary, and aggravated damages; and $30,000 in damages for intentional infliction of mental suffering.

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