What is the test for a defamation claim?
British Columbia, Canada
The following excerpt is from Weaver v Ball, 2018 BCSC 205 (CanLII):
To establish a claim in defamation, a plaintiff must establish three elements: i) that the impugned words were defamatory; ii) that they referred to the plaintiff; and iii) that they were published, meaning that they were communicated to at least one other person. Where the plaintiff establishes these elements, falsity and damage are presumed and the onus shifts to the defendant to advance a defence in order to escape liability. Defamation is a tort of strict liability, so it is unnecessary to prove that the defendant was careless or intended to cause harm (Grant v. Torstar Corp., 2009 SCC 61 [Grant], at paras. 28-29).
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