What is the test for defamatory words?

Alberta, Canada


The following excerpt is from Franchuk v Schick, 2014 ABQB 249 (CanLII):

The tort of defamation is one of strict liability. To obtain judgment and an award of damages, the plaintiff in a defamation action is required to prove three things (1) that the impugned words were defamatory; (2) that the words in fact referred to the plaintiff; and (3) that the words were published, meaning that they were communicated to at least one person other than the plaintiff. If these elements are established on a balance of probabilities, falsity and damage are presumed. The plaintiff is not required to show that the defendant intended to do harm, or even that the defendant was careless. If the plaintiff proves the required elements, the onus then shifts to the defendant to advance a defence in order to escape liability. Grant v. Torstar Corporation, 2009 SCC 61 (CanLII), [2009] 3 S.C.R. 640 at paras. 28 and 29

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