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A Practical Guide to the Law of Defamation
This book aims to offer practical guidance on current and developing defamation law in Canada. It lays out the most prominent cases, prevalent legal principles, the courts that rely upon them, and gaps in the law. It further explains the tests and elements that must be met in order to make a claim or prepare a defence against defamation.
Langue de publication: English
Publié: 29 août 2024
Éditeur: LexisNexis Canada
Defamation cases have been on the rise in Canada. While the use of social media platforms has exploded over the last decade, the law has struggled to uphold free speech while protecting the reputations of those targeted by online defamatory abuse.
Defamation law is an area in which lawyers and litigants can get twisted out of the shape by the elements, tests and shifting burdens of proof that can apply to a specific case. These elements, tests and shifting burdens can cause confusion, particularly for those who are inexperienced with the law. Misinterpreting tests or ignoring important statutory provisions can make a significant difference in a case. In some cases, the failure to comply with mandatory notice requirements can be fatal to a claim.
A Practical Guide to the Law of Defamation aims to offer practical guidance on current and developing defamation law in Canada. It lays out the most prominent cases, prevalent legal principles, the courts that rely upon them, and gaps in the law. It further explains the tests and elements that must be met in order to make a claim or prepare a defence against defamation.
This new publication also includes a useful table of cases and precedents to help prepare a formal notice of libel, statement of claim, SLAPP motion or moving party factum anti-SLAPP motion.
Topics Covered
- What constitutes defamation
- Limitation periods and statutory requirements
- Special defences available in a defamation action
- Pre-trial disposition
- Interlocutory and permanent injunctions
- Damages for professionals and corporations
- Defamation on social media and online
Who Should Read This Book
- Civil litigation and tort lawyers who handle defamation cases and must stay apprised of all developments and decisions in this area, from both the plaintiff and defence perspectives
- Media, communication and privacy lawyers, including in-house counsel for newspapers, book and magazine publishers, and film and television producers, seeking a resource with easy-to-find analysis of defamation issues in a wide spectrum of media
- Judges who need a clear, intelligible collection of recent precedents to streamline research
- Law libraries, law schools and students seeking the latest materials on defamation law
PART I – GETTING STARTED
Chapter 1: Introduction
PART II – THE FOUNDATION
Chapter 2: Defamation Defined and the General Test
Chapter 3: Limitation Periods and Statutory Requirements
Chapter 4: Defences to a Defamation Action
PART III – PRE-TRIAL REMEDIES
Chapter 5: Pre-trial Disposition
Chapter 6: Injunctive Relief
PART IV – DAMAGES
Chapter 7: Damages: An Overview
Chapter 8: Damages for Professional Plaintiffs
Chapter 9: Damages for a Corporation
PART V – ONLINE AND SOCIAL MEDIA ISSUES
Chapter 10: Social Media and Defamation
APPENDIX – PRECEDENTS
Appendix A: Formal Notice of Libel
Appendix B: Precedent Statement of Claim
Appendix C: Precedent Notice of Motion for SLAPP Motion
Appendix D: Precent Moving Party Factum Anti-SLAPP Motion
Index
Table of Cases
