“In order to succeed in a defamation action, a plaintiff must prove, on a balance of probabilities, that:
a. That the impugned words were defamatory, in the sense that they would tend to lower the plaintiff’s reputation in the eyes of a reasonable person,
b. That the words in fact referred to the plaintiff, and
c. That the words were published, meaning that they were communicated to at least one person other than the Plaintiff.
If these elements are proven, then falsity and damage are presumed. The Plaintiff is not required to show that the defendant intended to do harm, or even that the defendant was careless. This tort is one of strict liability (See Grant v. Torstar Corp., 2009 SCC 61 (CanLII), [2009] S.C.J. No. 61 at paragraph 28).”