Can you sue if you are a victim of Defamation? Are there other solutions?
When someone has targeted you with false and damaging statements, it could be defamation. This can cause you emotional stress, fracture your friendships, and even result in a loss of business.
Before you act against the defamer, there are things to consider, ensuring you are taking the steps that are right for you.
Is it worth suing someone for defamation?
The most important thing to consider with any lawsuit is the cost and time involved. Taking someone to trial could cost thousands of dollars just to prepare your case, and you also need to consider the personal time involved.
Depending on the damage you have suffered, you may not think it is worth taking the matter to court, however, if you can prove a substantial financial loss, or have experienced public ridicule and emotional damage, it may be worthwhile to consult a lawyer.
How long do you have to act?
In Alberta, after you have been made aware of defamatory comments made by a newspaper or broadcaster, you must give notice within three months with a minimum advance warning of 7 days for a daily newspaper, or 14 days for any other newspaper or broadcaster. This three-month limit also applies if they also re-publish their material online, however, the time limit may reset every time their online content has been accessed.
Any other defamatory statement that does not fall under a newspaper or broadcaster is instead subject to the standard two-year limitation period and does not require notice or advance warning.
Should I send a “cease-and-desist” letter first?
Even though it’s not required, you may decide to send a Cease-and-desist first, asking for the post to be removed and possibly requesting an apology.
Reasons why this could be a good first step:
- It could resolve the matter without litigation
- If the offender retracts and apologizes it could reduce damages
- If it leads to a resolution, it could significantly reduce legal costs
- If it does not lead to a resolution, it could show your reasonableness to the court
However, if poorly drafted or too aggressive, a cease-and-desist letter could backfire.
- It could be seen as an empty threat or bluff, and they simply ignore it.
- The offender may post the cease-and-desist letter online, bringing more attention to the defamatory statements
- If overly threatening, the offender may decide to take you to court instead!
Further Reading
Before deciding on legal action, you may want to explore these related topics:
How Hayes Fry Can Help
We can help you determine where you stand and what direction you want to go, whether that means achieve a resolution without litigation or seeking damages in court. We’ll ensure you have the right information and support at every step.
If you want to send a cease-and-desist letter, email us at reception@hayesfrylaw.ca.