Defamation

How BC law treats it

BC has no Defamation Act. Defamation is governed by the common law, the Libel and Slander Act, RSBC 1996, c 263 and the Protection of Public Participation Act, SBC 2019, c 3 (PPPA). The claimant must prove that the words would tend to lower its reputation in the eyes of a reasonable person, that they referred to it, and that they were published to at least one other person. Falsity and damage are then presumed (Grant v Torstar Corp, 2009 SCC 61). Corporations can sue to protect their business reputation. The defendant must prove a defence. Justification means proving the words were substantially true. Fair comment protects honest opinion on a matter of public interest based on true facts (WIC Radio Ltd v Simpson, 2008 SCC 40). Qualified privilege protects statements made in a duty or interest setting, such as a job reference, and responsible communication protects diligent reporting on matters of public interest. Malice defeats fair comment and qualified privilege. Merely hyperlinking to defamatory content is not publication of it (Crookes v Newton, 2011 SCC 47). The PPPA is BC's anti-SLAPP law. A defendant whose statement relates to a matter of public interest can apply early to dismiss the claim, and the claimant must then show grounds to believe its claim has substantial merit and the defendant has no valid defence, and that the harm it is likely to suffer is serious enough that the public interest in continuing the claim outweighs the public interest in protecting the expression (s. 4). If the claim is dismissed, the defendant is generally entitled to its full costs. Claims must be started within two years under the Limitation Act.

What it means for your business

Businesses meet defamation from both sides: false online reviews, statements by competitors or former employees, and their own marketing, social media posts and employment references. A claim can protect reputation, but suing a critic on a public interest topic risks an early PPPA dismissal and a full costs award. Careful wording, a fast takedown request and preserved evidence often achieve more than a lawsuit. Example: A former partner posts that a Burnaby renovation company 'steals deposits'. The company preserves the posts, sends a demand for removal and retraction, and weighs the anti-SLAPP risk before filing a notice of civil claim.

Risks and common mistakes

Believing the claimant must prove the statement was false. Suing a critic on a public interest issue without assessing the anti-SLAPP costs risk. Failing to screenshot and preserve online posts before they are deleted. Posting angry replies to reviews that themselves contain defamatory statements. Waiting more than two years after publication to start a claim.