On this page
- If someone is spreading lies about you, start here
- What you have to prove, and what you don't
- Can you press charges for defamation?
- Your deadline depends on your province and who published it
- Before you sue, know who could end up paying the legal bill
- What to do this week
- If you're the one being accused
- Questions people ask
If someone is spreading lies about you, start here
You saw the post. Or the review, or the story a co-worker keeps repeating in the lunchroom. People you know believe it, and you feel sick. If you're reading up on defamation of character in Canada tonight, you want two answers fast: can you make them stop and pay, and can you call the police.
In Canada's common-law provinces, you sue for defamation by showing that the words would lower your reputation, referred to you, and reached someone else. Quebec requires proof of fault, injury and causation. You usually have two years to start, or one year under Quebec's Civil Code. In Ontario, a newspaper or broadcast claim can need written notice within six weeks.
The police answer is narrower than most people hope. The criminal offence covers only written or displayed material. Police or prosecutors handle ordinary charging, depending on the province.
If you're the one holding a lawyer's letter, skip to "If you're the one being accused."
First, the vocabulary. "Defamation" is the legal word, and "defamation of character" is what most of us type. In common-law provinces, written or permanent words are libel, while spoken words are slander. Quebec doesn't use that split. Elsewhere, it changes what you have to prove.
What you have to prove, and what you don't
Common-law defamation is friendlier to the person defamed than most people expect. Once you show the basic elements, falsity and damage are presumed in your favour. Quebec's civil-liability rules make you prove the injury.
The three things a court looks for
The Supreme Court of Canada set out the test in a 2009 case, Grant v. Torstar. You have to show three things:
- The words would tend to lower your reputation in the eyes of a reasonable person.
- They referred to you.
- They reached at least one person other than you.
Show those, and falsity and damage are presumed. The burden then moves to the other side to prove a defence. You don't have to show they meant to harm you, or even that they were careless.
Two things fall short. An insult that only stings your pride normally won't pass the test, People's Law School notes. Neither will a message sent to you alone, however vicious, because nobody else saw it.
Why spoken words are harder to sue over
Common-law slander is the exception to that presumption. For spoken words, the Supreme Court generally requires proof of "special damages", such as a lost job or contract. An accusation of a crime, for one, doesn't need that proof.
The provinces then pull in different directions. Ontario's Libel and Slander Act drops the proof of loss for words that disparage you in your "office, profession, calling, trade or business" (section 16). Ontario and B.C. both treat defamatory words in a broadcast as libel. Alberta and Manitoba go furthest: their Acts define defamation as "libel or slander" and presume damage for both.
So can you sue for defamation in Canada over words that were only spoken? Yes, but such a claim lives or dies on witnesses who remember the same words, and usually on a loss you can prove.
The defences you'll hear back
Once you've made your case in a common-law province, expect the other side to argue one of these:
- Truth. A full defence if they can prove it. In Ontario it survives even when part of what they said can't be proven, as long as that part doesn't materially add to the harm.
- Fair comment. An opinion on a matter of public interest, based on fact and recognizable as opinion. Malice defeats it.
- Qualified privilege. This protects occasions such as job references, credit reports and honest reports to the right authority. Malice defeats it too.
- Absolute privilege. Statements made in certain court or parliamentary proceedings are completely protected from defamation claims.
- Responsible communication. The Supreme Court created this one for statements on matters of public interest made after a real effort to verify them.
- Innocent dissemination. This covers someone who passed the words on without knowing, and took them down once told.
One defence doesn't exist: "I'm just repeating what I heard." The Supreme Court calls this the repetition rule: "repeating a libel has the same legal consequences as originating it."
Can you press charges for defamation?
Not for words said out loud, and not on your own say-so for anything else. That's hard to hear when you're this angry. The Criminal Code has an offence called defamatory libel, but it covers written or displayed material only. A judge screens a private information you lay yourself.
Suing versus a criminal charge
| A defamation lawsuit | A criminal charge of defamatory libel | |
|---|---|---|
| Who decides whether it goes ahead | You do. You start it, and you can settle or drop it | The decision isn't yours. A judge screens a private information, and the Crown can stop it (ss. 504, 507.1, 579) |
| Spoken words | Covered, though in Ontario and B.C. you usually have to prove a money loss | Not covered: the definition needs words "legibly marked on any substance" or an object that carries the insult (s. 298(2)) |
| What the other person faces | Paying damages, and sometimes part of your legal costs | Up to 5 years if they knew it was false (s. 300), up to 2 years otherwise (s. 301), or on summary conviction a fine up to $5,000, up to two years less a day in jail, or both (s. 787) |
| What you get | Money for the harm to your reputation, and sometimes a court order to stop | A conviction punishes them. Payment for the harm to your reputation still takes a lawsuit |
What the Criminal Code actually covers
If you're searching for how to charge someone with slander in Canada, this is the answer. The Code lists how a defamatory libel is expressed: "in words legibly marked on any substance", or by an object that carries the insult (section 298). Speech isn't on that list. So is slander a crime in Canada? Under this offence, no.
The written offence comes in two versions. Publishing a libel you know is false carries up to five years. Any other defamatory libel carries up to two. The Centre for Free Expression told a Senate committee in 2018 that courts in five provinces had found that second version unconstitutional, with no appeal ruling. Either can be prosecuted summarily, where the ceiling is a $5,000 fine, two years less a day in jail, or both.
Two neighbouring offences may apply instead. One covers knowingly conveying false information by letter or telecommunications with intent to injure or alarm. Criminal harassment requires prohibited conduct causing reasonable fear for safety. If either could describe what's happening to you, report it.
Laying a charge yourself, and what stands in the way
You can start a prosecution without the police. Anyone who believes on reasonable grounds that someone committed an offence like this can swear a document called an information before a justice. From there it stops being yours.
A private information goes to a judge or designated justice, who hears your evidence in private. No summons can issue until the Attorney General has a copy and a chance to attend (section 507.1). If the judge refuses and you don't challenge that within six months, the information is treated as never laid. The Crown can also stay a prosecution any time before judgment.
So others decide whether it continues. A conviction wouldn't pay you anything for your reputation either. Get the view of a criminal defence lawyer before you try.
Your deadline depends on your province and who published it
Two years is the deadline most people have heard, and it's the long one. The short ones apply to exactly the cases people wait on: a newspaper story or a broadcast, where it feels wiser to let things cool down. In Ontario, that wait can end your claim in six weeks.
Where the rules change at the provincial border
| Province and law | Spoken words (slander) | If a newspaper or broadcaster published it | Deadline to sue | Early dismissal law for public-interest speech |
|---|---|---|---|---|
| Ontario: Libel and Slander Act; Limitations Act, 2002 | You usually have to prove a money loss, unless the words disparage you in your work or business (s. 16) | Written notice within 6 weeks of learning of it, and the lawsuit started within 3 months (ss. 5(1), 6). Covers Ontario papers and stations (s. 7), including a paper's website | 2 years from the day you discovered the claim (s. 4) | Yes: Courts of Justice Act, s. 137.1 |
| British Columbia: Libel and Slander Act; Limitation Act | You usually have to prove a money loss | No notice, but one clear day must pass between publication and filing (s. 5) | 2 years from discovery (s. 6), in B.C. Supreme Court only (Small Claims Act, s. 3(2)) | Yes: Protection of Public Participation Act |
| Alberta: Defamation Act; Limitations Act | Damage is presumed, as for written words (ss. 1(b), 2(2)) | Covered defendants: newspaper proprietors or publishers, station owners or operators, and their staff. Notice within 3 months of learning of it: at least 7 days before filing for a daily paper, 14 for another paper or a broadcast (ss. 12, 13) | 2 years from when you knew or ought to have known, never more than 10 years after (s. 3(1)) | None |
| Manitoba: The Defamation Act; The Limitations Act | Damage is presumed, as for written words (ss. 1, 2) | Covered defendants: newspaper proprietors or publishers, station owners or operators, and their staff. Notice within 3 months of learning of it: at least 7 days before filing for a daily paper, 14 for another paper or a broadcast (ss. 13, 14) | 2 years from discovery (s. 6) | Yes, since 6 November 2025: The Public Interest Expression Defence Act |
| Quebec: Civil Code of Québec; Press Act; Code of Civil Procedure | No libel and slander split. The plaintiff must prove fault, injury and a causal connection under the Civil Code | Subject to statutory exceptions and declaration formalities, sue within 3 months of publication, or from learning of it, as long as you sue within 1 year of publication. If suing the proprietor, give 3 days' prior notice, excluding holidays (Press Act, ss. 2, 3) | 1 year from the day you learned of it (art. 2929) | Yes, as an abuse of procedure that restricts free expression in public debate (Code of Civil Procedure, art. 51) |
We checked these five provinces against their statutes. Elsewhere, look up your province's Defamation Act or Libel and Slander Act and its limitations law, and read the section on newspapers and broadcasts first, because that's where the short deadlines live.
Ontario: six weeks if a newspaper or broadcaster ran it
A defamation of character claim in Ontario runs on two clocks if the words appeared in an Ontario newspaper or on an Ontario station. Both start the day you learn of them. Within six weeks, you must give the paper or station written notice specifying what you're complaining about. The Libel and Slander Act wants it served like a statement of claim, or delivered to "a grown-up person at the chief office of the defendant" (section 5). The lawsuit itself must start within three months. Neither rule reaches papers or stations outside Ontario.
Here's what missing them costs. In John v. Ballingall, a man complained through the Toronto Star's website the day after an online article about him ran. Then he waited sixteen months before threatening to sue. In 2017 Ontario's Court of Appeal held that the Act "applies to the online version of the article" and upheld the order striking his claim. No court ever weighed whether the article was fair to him. This part is unfair, and you're right to be angry about it.
Everything else, whether a post by a person, a letter, an email or a review, falls under the general limit of two years from the day you discovered the claim. A lawyer will often treat each new post as its own claim with its own clock. Don't count on that to rescue an old one.
Quebec: one year, with special newspaper deadlines
Quebec doesn't use the common-law libel and slander framework. Its Civil Code protects your reputation, and you must prove fault, injury and a causal connection.
The limit is short, and the Code is plain about it: "An action for defamation is prescribed by one year from the day on which the defamed person learned of the defamation" (article 2929).
The Press Act generally gives three months from publication, or from learning of it, as long as you sue within one year of publication. Suing the proprietor requires three days' prior notice, excluding holidays, at the office or domicile. These protections apply only if the newspaper met its declaration formalities, and not to criminal accusations or specified election-period attacks on candidates. Quebec's Code of Civil Procedure excludes defamation from small claims.
B.C., Alberta and Manitoba
B.C. gives you two years from the day you discovered the claim, with no notice to send first. If you're suing a paper or a broadcaster, one clear day must pass between publication and filing. The claim goes to B.C. Supreme Court, because Provincial Court "does not have jurisdiction in a claim for libel, slander or malicious prosecution" under the Small Claims Act.
Alberta's limit is two years from when you knew, or ought to have known, about the claim, and never more than ten years after it arose. Special notice rules cover claims against newspaper proprietors or publishers, station owners or operators, and their staff. Give notice within three months of learning of the publication, at least 7 days before filing for a daily paper and 14 for another paper or a broadcast.
Manitoba's notice rule covers the same defendants and timing as Alberta's. Its general limit is two years from discovery, fifteen at the outside.
Before you sue, know who could end up paying the legal bill
Winning a defamation lawsuit is only half the arithmetic. In four provinces, the person you sue has a way to end the case early and send you their legal bill. It bites hardest in the disputes people rush into: a review, a post about a local fight.
Four provinces can throw a claim out early
Ontario's rule is the model. If your lawsuit arises from something the defendant said that "relates to a matter of public interest", a judge must dismiss it unless you clear three hurdles. You show grounds to believe your claim has substantial merit. You show grounds to believe the defendant has no valid defence. And you show the harm to you is serious enough to outweigh the public interest in protecting what they said (Courts of Justice Act, section 137.1).
Once the defendant moves to dismiss, the case stops until the motion and any appeal are decided. The motion must be heard within 60 days after its notice is filed. If your claim is dismissed, the defendant gets full-indemnity costs unless the judge decides otherwise. If the judge finds you sued in bad faith or for an improper purpose, damages can follow.
Don't assume your dispute is too small to count. The Supreme Court said in its Pointes decision that "public interest" gets a "broad and liberal interpretation", and judges don't weigh whether the words were worth saying.
B.C.'s law has a similar early-dismissal test and cost rules. So does Manitoba's, since 6 November 2025, though it doesn't reach lawsuits started earlier. Quebec's Code of Civil Procedure lets a court declare a claim abusive and dismiss it when it restricts "another person's freedom of expression in public debate". Once the defendant makes a summary case for abuse, the burden shifts to the person suing. Alberta has no such law. The Canadian Association of Journalists was still asking for one in July 2026.
So before you file anything, ask a civil litigation lawyer whether your dispute could count as a matter of public interest.
What a win is worth, and what it costs to get there
Money first. People's Law School says that in B.C., general damages for harm to reputation "vary widely, from a few thousand dollars to tens of thousands of dollars". Special damages for proven loss can come on top. Aggravated or punitive damages may be available where there was malice. An apology or retraction doesn't stop the claim, but it may lower damages.
Now the cost. Our own cost profiles for defamation lawyers put the typical quote at $1,547 to $2,577, across 645 profiles, and you can hold defamation lawyers in your province against that range. A full court fight is another matter. People's Law School says of B.C. Supreme Court, "Even if you win, you may spend more on legal fees than you get in damages", because a costs award covers only a small part of your bill.
Ontario has a cheaper venue. Its Small Claims Court hears claims for money up to $50,000, though it can't order a post taken down. Only the Superior Court can grant that kind of order. B.C.'s and Quebec's small claims courts won't hear defamation at all, and we explain how small claims limits work in each province separately. If you hire help and the account later looks wrong, read what to do if a lawyer's bill surprises you.
What to do this week
Most lawyers work up a ladder, from cheapest to dearest. First, ask the person directly, privately and in writing, to take it down. If that fails, a lawyer's demand letter asks them to remove it, retract and apologize. A lawsuit is the last rung.
An anonymous account doesn't end things. A court can order the internet provider or platform to reveal who's behind it, through what's called a Norwich order, and the Supreme Court has said the provider can charge its reasonable costs of complying.
We're not your lawyer, and a claim with a six-week clock deserves one. Book a consultation before you send anything formal.
Your first week
- Save everything now: screenshots with the date and the link, the messages, and a note of who could see them.
- Write down the day you first learned of it. Most of these deadlines run from that day.
- If a newspaper, radio or TV station published it, call a lawyer this week. In Ontario the written notice is due within six weeks.
- Ask the person directly, privately and in writing, to take it down and correct it. Keep a copy.
- Report the post to the platform using its own reporting tools, and save the confirmation.
- List everyone who repeated it. Passing a defamatory statement on carries the same legal consequences as starting it.
- Before you sue over a post about a business or a local issue, ask a lawyer whether it's a matter of public interest.
- Book a consultation with a defamation lawyer in your province before you send any formal letter yourself.
Red flag: before you hit reply
In common-law provinces, your reply faces the same three tests. Quebec uses its Civil Code instead. Repeating the accusation to deny it spreads it again, and repeating a defamatory statement carries the same consequences as starting it. An angry reply that accuses them of something you can't prove can hand them a claim of their own. Keep your answer private, short and in writing.
If you're the one being accused
Don't ignore a lawyer's letter. Read it the day it arrives.
If you got it wrong, a prompt correction and apology is both decent and useful. A written apology before the lawsuit can reduce damages in Ontario and Alberta. Stay calm, too. People's Law School warns that your later conduct can affect damages.
If you didn't get it wrong, answer respectfully in writing and keep your evidence. Truth is a defence, but the person who said it has to prove it. If what you said was about a matter of public interest, the early dismissal laws may protect you, so raise them with a lawyer before you respond.
On the criminal side, the five-year offence requires that you knew the statement was false. If police contact you, speak to a criminal defence lawyer before you say anything. It helps to know what a criminal lawyer costs before that call.
Questions people ask
Can you press charges for slander in Canada?
No, not for words said out loud. The Criminal Code's defamatory libel offence requires written or displayed matter. Police or prosecutors handle ordinary charging, depending on the province. A judge screens a private information, and the Crown can stay it. Another offence covers knowingly conveying false information by letter or telecommunications with intent to injure or alarm. Criminal harassment requires prohibited conduct causing reasonable fear for safety.
How long do you have to sue for defamation?
Usually two years from discovery in Ontario, B.C., Alberta and Manitoba. Quebec's Civil Code gives one year from learning of it. Media claims have earlier steps. Ontario requires notice within six weeks and filing within three months. Alberta and Manitoba require notice within three months, at least 7 or 14 days before filing. For a newspaper article, Quebec's Press Act generally gives three months, subject to statutory exceptions.
Can you sue over a Facebook post or a Google review?
Yes, in a common-law province, if it meets the three-part test and other people can see it. An honest opinion based on true facts may be fair comment. In Ontario, B.C. or Manitoba, the poster can seek early dismissal for public-interest expression. If the claim is dismissed, full-indemnity costs are generally presumed unless the court decides otherwise. Quebec has a different abuse-of-procedure route. A court can also order a platform to identify an anonymous poster.
What if what they said is true?
Then they have a complete defence, called truth or justification, but they're the ones who have to prove it. Falsity is presumed once you've shown the three elements. In Ontario the defence survives even if they can't prove every part, as long as the unproven parts don't materially add to the harm. Quebec works from its Civil Code, so don't assume the Ontario rule applies there.
Can I sue someone for lying to the police about me?
You may be able to sue, but it's hard in the common-law provinces. An initial police report can have qualified privilege, which protects honest mistakes. Malice can defeat that protection, but proving a knowing lie is difficult. Quebec applies its Civil Code instead.
How much can you sue for in a defamation case?
There's no fixed cap. People's Law School says that in B.C., general damages "vary widely, from a few thousand dollars to tens of thousands of dollars", with special damages for a proven loss and aggravated or punitive damages where there was malice. Where you file matters: Ontario's Small Claims Court hears money claims up to $50,000, while B.C.'s and Quebec's small claims courts don't hear defamation.
How much does it cost to sue for defamation?
Our own cost profiles for defamation lawyers put the typical quote at $1,547 to $2,577, across 645 profiles. A claim that runs through a superior court is expensive, People's Law School warns. A costs award covers only a small part of your own legal bill, so even a win can cost more than it pays.