Simon's Legal Resources

Torts - Defamation - Justification (3)

. Maggi v. Smith

In Maggi v. Smith (Div Ct, 2026) the Divisional Court dismissed a Small Claims Court appeal, this brought against findings "that the appellant had defamed the respondent through statements published on the social media platform X and awarded damages of $25,000 together with costs".

Here the court considers the defamation defence of 'justification', in particular the role of 'honest belief':

[25] A defendant relying upon justification must prove the substantial truth of the defamatory sting. It is not enough to establish suspicion, rumour, partial truth, or sincere belief. See Grant v. Torstar Corp., 2009 SCC 61, at para. 33.

....

[30] The deputy judge accepted that the appellant honestly believed the allegation to be true. However, belief is not proof.

[31] I agree with the respondent's submission that the appellant has not identified any unfairness in the operation of the defence of justification. If honest belief alone were sufficient, serious allegations could be repeated without an adequate evidentiary foundation. That is how unsubstantiated rumours are spread and reputations are damaged.

[32] I therefore see no error in the deputy judge's rejection of the defence of justification.