Can I Sue My Ex for Defamation While in a Family Case?

According to a recent superior court case, the answer is yes.

The court applied the principles to obtain damages for defamation as articulated by the Supreme Court in a case called Grant v Torstar from 2009. 

Mason v. Thompson, 2025 ONSC 5306 (CanLII), <https://canlii.ca/t/kfkhb>

These principles are: 

a) the impugned words were defamatory, such that they would tend to lower the plaintiff's reputation in the eyes of a reasonable person,

b) the words referred to the plaintiff and

c) the words were published (meaning they were communicated to at least one other person).

Once these three elements are established by the plaintiff, the Court can presume falsity and damage, and the onus shifts to the defendant to advance a defense.

The applicant in this case provided evidence that the respondent who was her ex created a Facebook post in which the respondent claimed that the applicant had kidnapped the child and had also created a fake LinkedIn profile again referring to the applicant. Since they were published, the judge said they were automatically defamatory.

The post caused significant stress and embarrassment to the applicant who is a professional accountant. She was put in an unviable position to explain the situation to her employer and others. It clearly jeopardised her professional status and career prospects, and she also lived in fear of the respondent.

Although the applicant sought damages for $30,000, the judge granted $10,000 with the reasoning that the applicant did not lose her employment or lose income. The judge also pointed out that she did not quantify the expenses that she was forced to incur as a result of the posts.

Analysis:

Clearly, damage for torts and defamation are issues that are in the focus by courts. In the above scenario, had the applicant been able to provide detailed analyses and quantification of how she lost her income or how she suffered emotionally and traumatically by quantifying that trauma or suffering into dollars, it is possible that the court could have awarded a greater amount of damages to her.

We at Shankar Law will be sure to help you do that extra analysis and go that extra step. We are happy to guide and research the law and issues to the maximum extent possible to put forward your case in a strong and positive manner. We invite you to contact us.

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