What is the justification defence in a defamation case?
Ontario, Canada
The following excerpt is from Smith v. Nagy, 2021 ONSC 4265 (CanLII):
If a court is satisfied that words communicated are defamatory, then they are presumed to be false. To succeed in a justification defence “a defendant must adduce evidence showing that the statement was substantially true”: Grant v. Torstar, at para. 33.
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