Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 23 OCTOBER 2018

Social Media & Defamation – Be Careful What You Post From Behind A Screen!

Goldman Sloan Nash & Haber LLP
Explore more from Goldman Sloan Nash & Haber LLP

Defamation is defined as untrue statements made by an individual that are harmful to someone else's reputation and are shared with a third party.

CanadaLitigation, Mediation & Arbitration
Catherine Willson
Catherine Willson
Grace Brooks (Articling Student)
Grace Brooks (Articling Student)
Author LinkedIn connections

Defamation is defined as untrue statements made by an individual that are harmful to someone else's reputation and are shared with a third party.

In the age of the internet troll, defamation through social media (Facebook, Twitter, Youtube, Instagram, Snapchat and Tumblr, etc.), is a problem. Individuals feel more liberated to say what they are thinking (or not thinking) while hiding behind a computer screen or cellphone. We need only look south for an almost weekly example of this behaviour.

Just because you say it through social media does not mean you are free from liability for defamatory statements. The Supreme Court of Canada in Grant v. Torstar, 2009 SCC 61, established that the legal test for defamation is:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

BLG At The SCC – What’s Coming In The Supreme Court’s Fall 2026 Sitting Schedule

The Supreme Court of Canada held its second annual ceremony marking the opening of the judicial year at its temporary home in the West Memorial Building, with Chief Justice highlighting the Court's increased caseload and architectural features. What significant constitutional and legal challenges will the Court address in its fall 2026 session, including cases on firearm regulations, Crown immunity, and vicarious liability?
CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

Supreme Court Strikes Down Privative Clause: What Democracy Watch v Canada Means For Administrative Decision-makers

The Supreme Court of Canada has unanimously struck down a privative clause in the Conflict of Interest Act that attempted to bar judicial review of the Ethics Commissioner's decisions. The ruling establishes that the Constitution guarantees a minimum of legality review over all administrative decisions, with implications extending to labour relations, workers' compensation, and immigration legislation containing similar clauses.
CanadaLitigation, Mediation & Arbitration
Miller Thomson
Miller Thomson