To be defamatory, it must.
Be false.
Be intended to harm.
And actually harm.
Did they prove their case, or has the court its head up its butt?
Be false.
Be intended to harm.
And actually harm.
Did they prove their case, or has the court its head up its butt?
In Ontario, the law is different. Basically any negative comment is considered to be defamatory. Guilt is presumed, malice is presumed and damages are presumed.
The Ontario Civil Liberties Association recently wrote a paper about how bad this is, if you are interested in it: