Alberta Law: What is Defamation?
Defamation is a reputational tort. Is defined under the Defamation Act in Alberta as libel or slander. Libel is a written/published statement which tends to bring down the reputation of a person- more than one person can be sued for the libelous statement. Slander is a spoken statement which tends to bring down the reputation of a person.
Under the Defamation Act, damages are presumed once the statement is made. An apology from the person who made the wrongful statement can, under the Act, mitigate (or lower) the damages owed.
There are some defences to defamation. Truth is a defence, as is fair comment. Certain statements are privileged, meaning they cannot be sued on, like statements made in court or Provincial legislatures or the Federal Parliament.
Determining if you can bring a lawsuit for Defamation is fairly complicated. If you require assistance with a potential Defamation lawsuit, please feel free to contact us.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.