What is the test for a defence of justification in a defamation case?
Ontario, Canada
The following excerpt is from Lavallee et al. v. Isak, 2021 ONSC 6661 (CanLII):
To succeed on a defence of justification, a defendant is required to adduce evidence showing that the statement was substantially true. The burden is on the defendant to prove substantial truth of the “sting” or main thrust, of the defamation: Bent v. Platnick, 2020 SCC 23, 449 D.L.R. (4th) 45, at paras. 107-108.
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