What is the test for proving that a publication element of defamation is defamation?
Ontario, Canada
The following excerpt is from Kuehl v. Ross, 2021 ONSC 4251 (CanLII):
To prove the publication element of defamation, a plaintiff must establish that the defendant has, by any act, conveyed defamatory meaning to a single third party who received it: McNichol v. Grandy, 1931 CanLII 99 (SCC), [1931] S.C.R. 696, at p. 699. In general, the form that the defendant’s act takes and the manner used to cause the defamatory content to reach a third party are irrelevant: Crookes, at para. 16.
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