A single false statement — in a review, a social media post, or a news article — can cause lasting damage to your reputation and your livelihood. BC defamation law gives you real remedies. Understanding them quickly is the key to protecting yourself.
Defamation is the publication of a false statement of fact that damages a person's or business's reputation. In BC, defamation law is governed by the
, RSBC 1996, c 263, and the common law developed by BC and Canadian courts.
— statements in a permanent form, including written text, social media posts, online reviews, emails, photographs, and broadcast media — and
BC defamation law has a relatively low threshold for the claimant — once you prove these three elements, the burden shifts to the defendant to prove a defence.
Once you establish these three elements, the statement is presumed to be false under BC law. The defendant must prove the truth of what they said — you do not have to prove it is false. This shifts the burden significantly in your favour.
Not every harmful or false-seeming statement is actionable. BC law provides several defences — which is why a careful assessment of the specific statement and context is essential before pursuing a claim.
The goal of BC defamation law is to repair the damage to your reputation and deter future harm. There are several tools available — often the most effective outcomes are achieved without going to court.
What to Do If You Have Been Defamed
Acting quickly matters in defamation — both because limitation periods are strict and because content removed early causes less harm than content that spreads.
If You Have Been Accused of Defamation
Receiving a demand letter or defamation claim is serious — but many such claims do not succeed, because the statement complained of may be true, may be protected opinion or fair comment, or may fall under qualified privilege.
The critical step is to get legal advice before responding. A poorly worded reply — or a retraction that admits more than the law requires you to admit — can worsen your legal position significantly. Equally, ignoring a demand letter rarely makes the problem go away.
If the statement you made was true and you can prove it, truth is a complete defence. If it was opinion on a matter of public interest, fair comment may protect you. If you made the statement in circumstances of qualified privilege — a reference, a complaint to an authority, an internal workplace communication — that privilege may shield you.
Andrew Liggett provides strategic advice for people and businesses responding to defamation claims, including assessment of available defences, negotiation of resolution, and representation in mediation or court.
Key questions when responding to a claim:
Online Defamation and Business Reputation in BC
The internet has transformed defamation law in practice. A review posted on Google or Yelp, a tweet, a Reddit post, or a Facebook comment can reach thousands of people within hours — and remain searchable for years. For business owners, a persistent false review on a prominent platform can cause ongoing, measurable damage to revenue and client trust.
presents a specific challenge: identifying who is behind a pseudonymous account or an anonymous post. BC courts have authority to order platforms to disclose the identity of anonymous users who have made defamatory statements, subject to procedural requirements. These are called "Norwich orders" or "Equustek-style" disclosure orders. The process takes time, which is another reason to act promptly.
is a practical first step in many online defamation situations. Most major platforms have a process for reporting content that violates their terms of service. A lawyer's letter addressed to the platform — referencing the legal basis for removal — often achieves faster results than a consumer report alone. However, platform removal does not eliminate your legal rights against the author.
— false statements about your business's products, services, safety record, or financial position, published to damage your market position — is an increasingly common concern. In serious cases, this may also give rise to claims under the
for misleading representations, in addition to a defamation claim.
Sea to Sky Law™ · BC Reputation Law
Protecting your reputation requires prompt, strategic action.
Andrew Liggett has 35 years of experience advising BC individuals and businesses on defamation matters — from assessing whether a claim is viable to negotiating resolutions, drafting demand letters, and representing clients in mediation and court.
Libel refers to defamatory statements made in a permanent form — written, printed, or electronically published, including social media posts, online reviews, emails, articles, and broadcast media. Slander refers to defamatory statements that are spoken. In BC, both are actionable under the Libel and Slander Act and common law. The practical distinction matters for limitation periods: for libel, notice to a media defendant must generally be given within six weeks of publication. For everyday defamation claims (non-media), the standard two-year limitation period under BC's Limitation Act applies.
How do I know if a statement about me or my business is legally defamatory?
Possibly — it depends on the content. A one-star review that says 'terrible service, rude staff' is likely pure opinion and not actionable. A review that contains false statements of fact — 'they stole my credit card details' or 'they sold me counterfeit products' — may be defamatory if the statements are false and caused damage. Social media posts, online forums, and review platforms are all covered by defamation law in BC. The question is whether the content is provably false, stated as fact rather than opinion, and whether it caused you real harm. We can assess whether a specific review or post meets the legal standard.
What does it mean for a statement to be 'published' for defamation purposes?
Published simply means communicated to at least one person other than yourself. An email sent to a third party is published. A social media post visible to friends is published. A conversation in a meeting where others are present is published. There is no minimum audience — one person is enough. Each new communication to a new person can be a fresh publication.
The general limitation period under BC's Limitation Act is two years from the date you discovered (or ought to have discovered) the defamatory statement. For claims against media defendants under the Libel and Slander Act, special notice requirements apply — you may need to give notice within six weeks of publication. Because limitation and notice periods in defamation cases are strict and technical, it is important to seek legal advice promptly.
Can defamation law help with online reputation damage — Google reviews, Yelp, Reddit posts?
Yes. Online platforms are not immune from BC defamation law. If someone posts a false statement of fact about you or your business on Google, Yelp, Reddit, Facebook, or any other platform, you may have a defamation claim against the author. The platform itself generally has immunity under Canadian intermediary liability rules, but the person who posted the content does not. A lawyer's demand letter — sent to the author and sometimes to the platform — often achieves removal more quickly than a formal lawsuit.
Does it cost more to resolve a defamation dispute through mediation than through court?
Almost always less. Defamation litigation is expensive, time-consuming, and public — court records are generally accessible to anyone who searches. Mediation is private, faster, and often resolves to an outcome both parties can accept: a retraction, an agreed statement, removal of content, and sometimes financial compensation. Andrew Liggett is a qualified BC mediator with experience in reputation and commercial disputes.
If the statement is substantially true, truth is a complete defence in BC. The defendant bears the burden of proving the truth of the facts stated — which is why only provably false statements make viable defamation claims.
Honest opinion on a matter of public interest, based on facts that are true, is protected even if harsh. The test is whether a fair-minded person could honestly hold the opinion — not whether the opinion is correct or kind.
Statements made in Parliament, courts, legislative proceedings, and certain other settings are absolutely protected regardless of whether they are false or malicious. This protects the proper functioning of democratic institutions.
Statements made in circumstances where the speaker has a legal, social, or moral duty to communicate them and the recipient has a corresponding interest — such as an employer's reference or a complaint to a regulator — are protected unless made with malice.
A defence developed by Canadian courts for reporting on matters of genuine public interest. The communicator must have acted responsibly and taken reasonable steps to verify the information, even if the statement turns out to be false.
Monetary compensation for harm to reputation, mental distress, and provable financial loss. In serious cases — particularly where the defendant acted with malice — aggravated damages or punitive damages may also be available.
A court order requiring the defendant to stop publishing the defamatory content and/or remove it. Emergency injunctions can be obtained quickly where ongoing publication is causing continuing harm.
A formal retraction and apology — published in the same forum as the original statement — can repair reputation more effectively than damages in some cases, and may reduce or eliminate damages in others.
A negotiated outcome that may include content removal, an agreed statement, a private apology, and/or financial compensation — achieved without litigation, without court records, and without public attention.
Defamation & Libel Law BC — Protect Your Reputation | Sea to Sky Law
Defamed online or in print in BC? Learn your rights under BC defamation law — libel, slander, online reviews, social media, and business reputation. Call Sea to Sky Law™.
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Defamation law in BC: libel, slander, online reputation, and business reputation protection. Expert advice for BC individuals and businesses.
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False Google, Yelp, or Trustpilot reviews about your business
Social media posts containing false statements of fact
Former employees making false allegations about you or your business
Competitors spreading false information to harm your market position
Defamatory statements in news articles or online publications
False complaints made to regulators or professional bodies