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REQUIREMENTS

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An action for injurious falsehood involves the publication of false statements, either orally or in writing, reflecting adversely on the plaintiff's business or property, or title to property, and calculated to induce persons not to deal with the plaintiff.

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The specific elements are:

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  1. The published statements about the plaintiff's business or property must be untrue;

  2. They must be made maliciously, that is without just cause or excuse; and

  3. The plaintiff must have suffered special damages.

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Raymond E. Brown, The Law of Defamation in Canada (Toronto: Carswell, 1987), adopted in Lysko v. Braley (2006), 79 O.R. (3d) 721 (C.A.) at para. 133. 

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