Can You Sue a Hater?

The line between a bad day and a lawsuit gets fuzzy online. When a harsh review or toxic comment goes beyond a simple insult and becomes defamation, you have the right to fight back.

For individuals and small businesses in Ontario, the Small Claims Court is the most affordable and efficient place to protect your reputation.

When Does "Hate" Become Defamation?

Not every angry post is grounds for a lawsuit. To be defamatory in Ontario, a statement must meet three basic tests:

• 1. Published: It was shared with at least one other person (e.g., posted on social media, in an email, or in a public review).

• 2. Identified You: It clearly refers to you, even if your name wasn't fully used.

• 3. Damaging: It would lower your reputation in the eyes of a reasonable person.

Crucial Note on Libel: If the statement is in a permanent form (written text, video), the law presumes you have suffered harm, making these cases powerful.

Why Small Claims Court is Your Best Option

Filing a defamation claim in the Superior Court is often too slow and expensive. Small Claims Court offers two major advantages:

• Higher Claim Limit: Effective October 1, 2025, you can now sue for up to $50,000 in damages, covering most personal and small business reputation claims.

• No Anti-SLAPP Delay: Small Claims Court is generally exempt from the complex Anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation. This means your case can proceed faster, focusing directly on the facts, not on prolonged constitutional arguments about public interest.

Defamation law has pitfalls that require careful navigation. Lega representation is essential for handling these core elements:

1. Strict Timelines: If the libel was in traditional media (newspaper/broadcast), you must serve a formal Notice of Libel within six weeks of becoming aware of it. Missing this deadline is fatal to your claim.

2. Identifying the Hater: You cannot sue a username. If the attacker is anonymous, we can help you take the first steps to seek a court order that compels social media platforms or internet providers to disclose the individual's identity.

Remember the Defences:

Your claim will fail if the statement is proven to be true, or if it is determined to be a protected fair comment (a genuine opinion based on facts) in a context like a public forum.

Don't let false statements ruin your reputation or business. Defamation is serious, but the process of seeking justice in Small Claims Court is manageable with the right help.

Take control of your online reputation, CONTACT US TODAY

**This post provides general information on defamation law in Ontario and is for educational purposes only. It is not legal advice.