What are the elements required to prove defamation?
Ontario, Canada
The following excerpt is from Vigna v. Levant, 2010 ONSC 6308 (CanLII):
If the elements required to prove defamation are made out on a balance of probabilities then “falsity and damage” are presumed and the onus shifts to the defendant to advance a defence in order to escape liability. (Grant v. Torstar, supra, paragraphs 28 and 29)
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