Canada: Libel & Defamation

In SGS Canada Inc v. Carrier, 2026 ONSC 4751 (CanLII), the corporate plaintiff was a Canadian subsidiary of a large multinational company operating laboratories and offices across the country. The defendant was a manager of business development for the plaintiff for approximately two years until October 2025, when his employment was terminated without cause.

A Canadian court awarded $800,000 in damages to a couple defamed by serious false allegations of sexual assault and criminal misconduct spread through social media. The case examines how factors like the severity of accusations, use of social media platforms, and a defendant's failure to mount a defense can dramatically escalate defamation damages beyond typical awards.

A recent Ontario Court of Appeal decision examines the boundaries of social media criticism in development disputes, addressing when heated online debate crosses into actionable defamation. The case explores how courts balance freedom of expression against reputational harm when Facebook posts allege corruption and misconduct, and clarifies the costs consequences for unsuccessful anti-SLAPP motions where malice may be present.

On November 25, 2025, the Ontario Superior Court of Justice dismissed a $2,000,000 defamation action brought by Theralase Technologies Inc. and two of its executives as an "archetypical example of ‘SLAPP'" (strategic litigation against public participation).

Torts, Defamation, Civil Procedure, Anti-SLAPP, Damages, Costs, Self-Represented Litigants, Full Indemnity, Courts of Justice Act, R.S.O. 1990, c.C.43, s. 136.1, Human Rights...

The Ontario Court of Appeal's decision in Benchwood Builders, Inc. v. Prescott, 2025 ONCA 171, provides important guidance on the interpretation and application of Ontario's anti-SLAPP legislation...

On July 23, 2025, McCarthy Tétrault's National Appellate Litigation Group hosted its third appellate quarterly webinar of the year, featuring six recent appeals that may impact the business and legal communities...

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 28 to August 1, 2025.

The Federal Court of Appeal released an important decision comprehensively reviewing the notice and notice regime in the Copyright Act (the "N&N regime") in Voltage Pictures v. Robert Salna 2025 FCA 131.