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Negative Online Reviews Are Not Defamation (At Least In Canada)

Posted by timothy on from the in-canada-at-least dept.

An anonymous reader writes A client who was dissatisfied with the service of an immigration company in Canada took her grievances online, upon which she was sued for defamation and libel by the owner of the company. A Canadian superior court has tossed out the lawsuit with the note: "One may be dissatisfied with the quality or efficiency of services but expressing one's dissatisfaction is not equivalent to defamation." The court noted: "This demand is grossly exaggerated. It flirts with frivolity and abuse within the meaning given to these words in Article 54.1 C.C.P."

5 of 62 comments (clear)

  1. Common Sense Prevails by Ronin+Developer · · Score: 4, Insightful

    Now, let's bring that logic here to the US.

    1. Re: Common Sense Prevails by Kvathe · · Score: 2, Insightful

      Thank you for your sound and logical assessment of the american people.

  2. What it should take to sue successfully by Anonymous Coward · · Score: 2, Insightful

    If someone wants to win a suit over a negative review, they should have to prove that the review is false. For instance, they would have to prove that the customer was not dissatisfied with the service, or that some other statement that the client made in their review was false in a defamatory way. I think that a statement such as "this company is the worst ever" should not be expected to be literally true, but be taken as a statement of dissatisfaction on the part of the customer.

  3. IANAL but that doesn't seem to be what it says by Tyger · · Score: 4, Insightful

    The main cause for dismissal of this wasn't that online reviews are not defamation. It was because the lawsuit was brought by the wrong entity (the lawyer who represents the website, rather than the corporation who owns the website) and that he failed to provide substantive proof of any monetary loss.

    If it were brought by the right entity and there was proof of loss, it may not have gone the same way. The judge specifically said that the review did have defamatory language in it.

  4. Re:SLAPP in USofA by dltaylor · · Score: 3, Insightful

    They don't have to "win". The legal fees will break most individuals in a contest against a corporation.