A lawyer in Ontario successfully sued his client for defamation and won an award of $50,000 last month for a matter that began in 2003.
A man hired this lawyer in a divorce matter but a dispute arose between them and the solicitor-client relationship ended. The client didn’t pay the lawyer, who pursued the man for unpaid fees.
After a lengthy court process, the lawyer obtained a judgment against his former client for his fees in 2008. The client sold some property and the lawyer was able to enforce the judgment and collect on the debt.
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Shortly after the collection action was taken, the former client started putting advertisements in several newspapers and websites, bearing the title “Lawyer Crime Ontario.”
The information referenced some past difficulties this lawyer had encountered, such as improper conduct and suspensions by Ontario’s Law Society, and a criminal harassment conviction five years earlier, for which he received probation.
Offended by these statements, the lawyer sued his client.
In defamation matters, if the words complained of are the truth, it is not defamation and the person publishing these words is not liable. In this case, the judge found that truth was not a defence.
The manner in which the truthful tidbits had been set out was deemed defamatory, even though the components were truthful.
The judge inferred malice by the client due to the timing of the publications, feeling it was done to harm the lawyer.
In addition to the monetary award, an order prohibited the client from publishing further information of this type. He was also ordered to remove the offending portions on the websites.
This case illustrates how the law evolves in general, and the changing face of defamation law in particular. While printing a true statement is usually not defamatory, the manner in which it is done can convert a true statement into a defamatory one.
Be careful in picking your targets and ensure both what you say and how you say it is proper and fair.
Rick Danyliuk is a lawyer with McDougall Gauley LLP in Saskatoon.
