The Depp-Heard trial, which dominated headlines for weeks,
culminated in a decision awarding Johnny Depp $15 million for his
lawsuit and Amber Heard $2 million for her countersuit.
The media sensation and social media commentary surrounding the
trial has much to do with Depp and Heard's celebrity status.
But with the public's elevated interest in defamation, the
opportunity is ripe to compare what would be different about this
defamation trial if it took place in Canada1?
A good launch point for the discussion is Depp's
unsuccessful libel claim in the U.K. since the principles informing
Canadian defamation law are largely drawn from the U.K.
Depp sued The Sun, a U.K. paper for an April 2018 article in
which Depp was described as a "wife-beater". Of central
consideration was the meaning of the words and whether they were
true in substance and fact. Defamation law in the U.K. requires
that the defendant prove that the statements were true. In
contrast, the U.S.
