One comment, and a whole reputation that falters

Sometimes all it takes is one sentence. A one-star Google review signed with a fake name that accuses you of fraud. A Facebook post shared three hundred times that tells a distorted version of a story. A former employee who pours out his resentment on a page of professional reviews. In a few hours, a patiently built reputation can crack in the eyes of customers, neighbors, employers who only know what they read on the screen.

The good news is that Quebec law does not leave the victim defenceless. Section 4 of the Charter of Human Rights and Freedoms protects the right of everyone to the protection of his or her dignity, honour and reputation. It remains to be seen where freedom of expression ends and where the fault begins – a line more subtle than we think.

In Quebec, there is no law on defamation

It is a surprise to many people: there is no text called “defamation law” in Quebec. Defamation falls under civil liability, the same regime that applies to an accident or breach of contract. To win, three things must be demonstrated (Article 1457 of the Civil Code): a fault, a prejudice, and a link between the two.

And it is here that Quebec law differs from that of the English-speaking provinces. Telling the truth is not always enough to protect oneself. The Supreme Court, in the Prud’homme decision, identified three scenarios: knowingly lying about someone, spreading falsehoods that should have been verified, or – a more subtle case – repeating a truth for the sole purpose of harm. All three can constitute a fault. The test is not “is it true?” but “would an ordinary citizen judge that these comments discredit the person targeted?”

Conversely, a dissatisfied customer who gives an honest opinion about a bad experience remains within his rights. Good faith criticism, based on real facts, is not defamation. The challenge of a file is to place the cursor in the right place between these two poles.

Delay: a trap to avoid

This is the point on which too many victims are caught. An action based on damage to reputation is time-barred after one year from the day on which the person became aware of the comments (Article 2929 of the Civil Code). A year is short.

But this one-year delay is not automatic. The Court of Appeal reiterated this in 2024 in Desbiens v. Standish: When the damage to reputation is accompanied by an infringement of another right – privacy, dignity – the three-year period may apply. The border is technical, and no one should bet their case on it. The healthy reflex: document without delay and consult quickly, rather than assuming that you have all the time.

Unmasking an anonymous author

“But I don’t even know who wrote that.” This is the number one obstacle on the Internet. A pseudonym, a disposable account, a fake profile. However, the law offers a way: the Norwich-type ordinance. This is a request to the court to force a third party – Google, Meta, an Internet service provider – to reveal data that identifies the author, such as an IP address or account information.

This is not granted on request. In particular, it is necessary to present serious evidence of wrongdoing and to demonstrate that the platform is the only practical source of this information (the guidelines were set by the Supreme Court in Rogers v. Voltage). Once the perpetrator has been identified, formal notice, injunction and prosecution become possible again.

What remedies, in what order?

Not everything goes through a trial. In many cases, the first step is to report the content to the platform itself – Google and Facebook have mechanisms to remove reviews and posts that violate their rules. If that fails, we go up a notch.

The first gesture, often neglected, is the most important: to preserve the evidence. Online content can disappear in one click as soon as its author feels threatened. Dated screenshots, showing the web address, are worth their weight in gold afterwards. Then, in most cases, comes a formal notice demanding the removal of the content. If it remains a dead letter, an injunction can force the withdrawal, and an action for damages compensates for the damage suffered.

What compensation can we expect?

Damage first repairs the moral damage: humiliation, stress, opprobrium. For a company, they can cover a loss of revenue or customers, provided it is proven. And when the infringement is not only unlawful but intentional – someone who deliberately wanted to harm you – punitive damages can be added, governed by Article 1621 of the Civil Code. The sums vary enormously from one case to another; Beware of figures presented as guaranteed. The strength of a case lies in the evidence, not in the promises.

There is also a nuance to be noted: civil defamation, the one at issue here, has nothing to do with criminal defamatory libel in the Criminal Code, which is a matter for public prosecution and remains extremely rare. For an individual or a company, the realistic path is through civil defamation litigation.

Frequently asked questions about online defamation

How do I get a fake Google review removed?

Start by reporting the review to Google as content that violates its policies (false, conflict of interest, abusive language). In the event of a refusal, a formal notice to the author, and if necessary a Norwich-type order to identify him if he is anonymous, opens the door to an injunction and an action for damages. Keep screenshots that are dated from the start.

What is the deadline for suing for defamation?

In principle, one year from the day on which you became aware of the comments (Article 2929 of the Civil Code). However, this period may be three years when the breach also involves privacy or dignity (Desbiens v. Standish, 2024). It is safer to act quickly and consult a lawyer without delay.

Is a negative but honest review defamation?

No. A customer has the right to express an honest opinion based on real experience. A false opinion, or one that is truthful but published with the sole purpose of harm, or contains insinuations that bring the person into disrepute in the eyes of an ordinary citizen, becomes defamatory.

Can we identify the author of an anonymous publication?

Yes, thanks to a Norwich-type order, which forces a third party such as Google or an Internet provider to provide the author’s identification data. It must be shown that there is serious evidence of fault and that the third party is the only practical source of the information.

How much does a defamation lawsuit cost?

It depends on the complexity. For a claim of $15,000 or less, the Small Claims Division allows you to act at a low cost, without a lawyer at the hearing. Beyond that, the costs vary according to the stage – formal notice, injunction, trial. No official scale exists; Any figure is only an order of magnitude.