Defamation Lawyers

If someone has published false or damaging statements about you or your business, a defamation lawyer can tell you whether you have a claim, how to get the content taken down or corrected, and what compensation you could ask for. If you are the one accused of defamation, a lawyer can help you respond and defend your right to speak. On this page you can compare lawyers who handle defamation cases, see their rates and availability, and book a consultation online.

Defamation is one part of civil law. For other private disputes, such as broken contracts or property damage, see our page on civil lawyers.

What a defamation lawyer does

Depending on which side you are on, a lawyer can:

• Assess the statement: whether it is actually defamatory, or protected as fair comment, opinion or the truth told in the public interest.
• Preserve the evidence: before posts, comments or reviews are edited or deleted.
• Send a demand letter: asking for the content to be removed, a retraction or an apology, and warning of a lawsuit.
• Represent you in court: as the person whose reputation was harmed, or as the person being sued.

How defamation works under Quebec civil law

English searchers often use the words libel (written) and slander (spoken). Those categories come from the common law used in the other provinces. Quebec does not make that split: under the Civil Code of Québec, defamation is simply a form of civil fault, whether the words were written, spoken, posted or broadcast.

To succeed, the person claiming generally has to show three things:

• A fault: a statement that damaged their reputation, made with the intent to harm, or through carelessness, for example by spreading false information or presenting true facts in a misleading or needlessly hurtful way.
• An injury: real harm to reputation, such as lost clients, a lost job, or public contempt or ridicule.
• A causal link: the harm has to flow from the statement itself.

The right to reputation and freedom of expression

Quebec's Charter of human rights and freedoms protects both the right to the safeguard of one's dignity, honour and reputation and freedom of expression. Courts have to balance the two. Honest opinions on matters of public interest, fair criticism of a business or a public figure, and accurate reporting get wide protection. False statements of fact, personal attacks and statements made to harm do not. You can read the Civil Code and the Charter on LégisQuébec, the province's official source for its laws.

Online defamation: social media and Google reviews

Most defamation cases today start online: a Facebook post, a comment thread, a video, a blog, or a one-star review on Google or another review site. The same rules apply, but online content spreads fast and can stay visible long after the original post.

• A former employee, client or partner posting false accusations about you.
• A fake or malicious review designed to hurt a business.
• Anonymous accounts spreading rumours, where the author first has to be identified.

A negative review based on a real experience is usually protected. A review that invents facts, or that is posted by someone who was never a client, is a different matter. A lawyer can help you tell the difference before you act.

The demand letter and retraction

In many cases, the first step is a demand letter, or mise en demeure. It identifies the statements, explains why they are defamatory, and asks the author to remove them, publish a retraction or apologize, often before a set date. A prompt, sincere retraction can end the dispute and can also reduce the damages a court would award later.

If you receive a demand letter, do not ignore it and do not answer in anger online. A lawyer can tell you whether the statement is defensible and how to reply.

Deadlines are very short

Defamation claims have a very short limitation period, shorter than for most civil claims, and it generally starts when you learn of the statement. If you wait while hoping the post will disappear, you may lose the right to sue. Talk to a lawyer quickly.

Protection against abusive lawsuits (anti-SLAPP)

Quebec's Code of Civil Procedure has rules against abusive proceedings, often called anti-SLAPP provisions. A court can dismiss a lawsuit early if it is clearly unfounded, or if it is being used to silence public debate or intimidate someone. This matters to citizens, journalists and groups sued for speaking out, and to anyone deciding whether to sue.

Criminal defamation

Canada's Criminal Code does contain a defamatory libel offence, but criminal prosecutions are rare. Almost all defamation disputes in Quebec are handled as civil claims for removal, retraction and damages.

Businesses and individuals

Both people and businesses can sue for defamation. A business has a reputation too, and false statements can cost it customers. But a business is expected to tolerate more criticism, especially about the quality of its products and services.

Evidence: screenshots, dates and witnesses

Content can disappear at any moment, so collect evidence now:

• Screenshots showing the full post, the author's name or account, and the date and time.
• The web address (URL) of each post, comment or review.
• Shares, comments and reactions that show how far the statement spread.
• Proof of harm: cancelled contracts, lost clients, messages from people who saw it.
• Names of witnesses for anything said aloud.

When to get a lawyer

• A false statement about you or your business is spreading online or in your community.
• You want content removed, or a retraction, and the author refuses.
• You have received a demand letter or a lawsuit for something you said or posted.
• You think a lawsuit against you is meant to silence you.
• You are not sure how much time you have left to act.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all defamation lawyers or see defamation lawyers in Montreal. For general legal information in plain language, Éducaloi is a good place to start, and our guide on how to choose a lawyer in Quebec can help you prepare.

Frequently asked questions

Is a bad Google review defamation?

Not usually, if it describes a real experience and an honest opinion. It can be defamatory if it states false facts, is written by someone who was never a customer, or is meant to harm rather than inform.

Can I sue if the truth hurt my reputation?

Truth is an important defence, but it is not always enough in Quebec. Revealing true facts with no legitimate purpose, only to harm, can still be a fault. A lawyer can assess your situation.

What can I get from a defamation claim?

Depending on the case, removal of the content, a retraction, compensation for the harm proven and, where the attack was intentional, punitive damages. A lawyer can tell you what is realistic.

Can I find out who is behind an anonymous account?

Sometimes. A court can order a platform or service provider to disclose information that helps identify the author. A lawyer can tell you whether this is possible in your case.