Introduction
Your reputation matters. In today’s world of online reviews, social media, and instant messaging, a single false statement can quickly spread and cause real harm—personally and professionally. Whether it’s a damaging rumour or an online post that crosses the line, you may be wondering: Can I sue for defamation?
At Pathfinder Law, we’ve helped clients in Abbotsford, Langley, and beyond navigate the legal system to protect their names, careers, and businesses. Here’s what you need to know about defamation in British Columbia.
What Is Defamation?
Defamation is the act of making a false statement about someone that damages their reputation. In British Columbia, defamation law includes two types:
- Libel: Written or published statements (including online posts, emails, or articles)
- Slander: Spoken statements (like verbal accusations or comments made in public)
Both types can form the basis of a lawsuit, depending on the nature and reach of the statement.
The Legal Test for Defamation
To win a defamation case in BC, you must prove three elements:
- The statement was made to someone other than you (it was published or shared)
- The statement refers to you or your business
- The statement would lower your reputation in the eyes of a reasonable person
You do not need to prove that the person intended harm—only that the statement was made and it caused damage.
Once these points are proven, the burden shifts to the person who made the statement to present a valid legal defence.
Common Examples of Defamation
Defamation can happen in many forms. Common examples include:
- A false social media post accusing someone of a crime
- Negative online reviews that make untrue claims
- Emails or messages sent to a person’s employer with damaging accusations
- A former business partner making false public statements about your company
- False claims made during a dispute, especially if they reach third parties
Not every harsh or critical comment is defamatory. The key issue is whether the statement was false and caused harm.
What Are Defences to Defamation?
If the person being sued can prove one of the following, they may avoid liability:
1. Truth (Justification)
If the statement is true, it’s not defamation—even if it’s damaging.
2. Fair Comment
Opinions on matters of public interest are protected, as long as they’re honestly held and based on facts.
3. Privilege
Some statements are protected because of the setting in which they’re made (e.g., statements in court or Parliament).
4. Responsible Communication
Journalists and media outlets may be protected if they reasonably tried to verify facts on a matter of public interest.
Your lawyer will assess whether these defences are likely to be used—and how to counter them if necessary.
Proving Harm
In some cases, damage to your reputation is obvious (such as losing a job or clients after a false review). In others, harm may be more subtle—such as emotional distress, embarrassment, or lost opportunities.
Courts can award damages for:
- Harm to reputation
- Loss of business or income
- Emotional distress or humiliation
- Legal costs
- In some cases, punitive damages (to punish especially reckless behaviour)
If you act quickly, you may also be able to seek a court order requiring the statement to be taken down or retracted.
What If the Statement Was Made Online?
Defamation on the internet is treated seriously. Even anonymous posts or private messages can form the basis of a lawsuit.
With help from the courts, it’s often possible to identify anonymous posters through IP addresses or platform subpoenas. Once identified, they can be held legally responsible for the statements they made.
Online platforms like Google or Facebook may remove content after receiving a legal notice, but they usually aren’t liable for user-generated content in Canada.
How Long Do I Have to Sue?
In British Columbia, you must start a defamation lawsuit within two years from the date the statement was made. If you wait too long, your case may be dismissed—regardless of how strong it is.
If the statement is still being shared or has been recently discovered, talk to a lawyer about whether the timeline can be extended.
Should I Sue or Settle?
Lawsuits can be time-consuming and stressful. In some cases, a demand letter from a lawyer is enough to get the statement taken down or corrected.
A defamation claim may be worth pursuing when:
- The false statement has had serious consequences
- The other party refuses to correct or remove it
- There’s a risk of long-term damage to your personal or professional life
- You want a public record of the truth
Your lawyer can help you weigh the cost, effort, and likelihood of success.
How Pathfinder Law Can Help
We handle civil litigation for individuals, professionals, and business owners throughout the Fraser Valley. If you’re dealing with online harassment, workplace defamation, or reputation damage, we’ll:
- Review the statements involved
- Assess whether you have a strong case
- Send a demand letter, if appropriate
- File a lawsuit if necessary
- Help you seek compensation and public correction
We also help clients defend against unfair or exaggerated claims of defamation—especially when free speech or public interest are at stake.
Final Thoughts
False statements can cause serious harm—but you don’t have to let them stand. If your reputation or livelihood has been damaged by someone else’s words, legal action may help you set the record straight.
At Pathfinder Law, we help clients across Abbotsford and Langley handle defamation claims with care and precision. Our team will explain your rights, your options, and the best way forward—without pressure or legal jargon.
If you’re considering a defamation claim, contact us today for a free 20-minute consultation.