A defamation action is often an act of financial folly for an aggrieved plaintiff. Despite recent significant defamation awards, Canadian courts continue to exercise restraint in compensating the plaintiff. The cost of litigating a defamation action is high, aggravated by two distinct factors: first, personal animosity between the parties prompts interlocutory skirmishes and battles over discovery; second, the unique complexities of defamation law creates pitfalls in pleadings and discovery and protracts research and preparation.

This article originally appeared in the 13 Carswell Practice Cases (5th) 125 (March 2002), and is republished with acknowledgements and thanks.

type Defamation Actions Determined by Summary Trial