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ARTICLE · 05 FEBRUARY 2019

Verbal References: The Truth Shall Set You Free

Siskinds LLP
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Some employers are wary about providing references for former employees, fearing a defamation lawsuit.

CanadaLitigation, Mediation & Arbitration
Siskinds LLP
Siskinds LLP
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Some employers are wary about providing references for former employees, fearing a defamation lawsuit. However, a recent decision of the Divisional Court suggests that negative references that are substantially true and provided without malice may not be defamatory.

In the trial decision of Papp v Stokes et al, 2017 ONSC 2357, the plaintiff brought a claim for wrongful dismissal and defamation against his former employer. The plaintiff's employment was terminated on December 19, 2013 and the next day, his supervisor agreed to provide a reference for future job applications. However, between December 2013 and May 2014, the supervisor learned negative information about the plaintiff – in particular, that he did not work effectively with others.

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