July 24, 2026 – Defamation

“As to the question of whether the plaintiff has been defamed by the defendant, in my view, the legal test has been met and defamation has been established.  In Grant v. Torstar Corp., 2009 SCC 61, the Supreme Court of Canada has set out the test for defamation as follows,

A plaintiff in a defamation action is required to prove three things to obtain judgment and an award of damages:

(1)               That the impugned words were defamatory in the sense they would tend to lower the plaintiffs reputation in the eyes of a reasonable person;

(2)               That the words in fact referred to the plaintiff; and

(3)               That the words were published, meaning that they were communicated to at least one person other than the plaintiff.

(Grant v. Torstar Corp., supra, at para. 28)”

Robinson v. Niganobe, 2023 ONSC 4281 (CanLII) at 24

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