Can businesses that have been harassed online or given negative reviews sue?

October 2020

Legal Moment on FRESH RADIO

Transcript

[phone ringing]
Receptionist: Cohen Highley
Announcer: And now the Cohen Highley Legal Moment on Fresh Radio.
Announcer: I’m here with Stephanie Marentette-DiBattista from Cohen Highley Lawyers.  Can businesses that have been harassed online or given negative reviews sue?
Stephanie Marentette-DiBattista: It largely depends on the nature of the review.  If, for example, it’s a fair comment and honest review from a real customer with no ulterior motive then there is likely no legal remedy.
Announcer: However?
Stephanie Marentette-DiBattista: If the person giving the review has an ulterior motive such as a competitor, disgruntled ex-employee or even an ex-romantic partner who is actively trying to hurt your business with factually incorrect comments, the comments could constitute defamation and put the commenter at risk for litigation.
Announcer: Litigation?
Stephanie Marentette-DiBattista: Yes.  If the comments meet the legal test for defamation or harassment, for example, and business is able to show it has suffered damage such as lost revenue, lost customers or loss of reputation as a result, the business may have a legal remedy against individual posting the comments.
Announcer: Thanks Stephanie. This has been the Cohen Highley Legal Moment.  Cohenhighley.com
[Music]
Singers: Cohen Highley, we’re listening.  cohenhighley.com

Author

Stephanie practices in commercial litigation with a focus on construction law, real estate law, municipal law and estate litigation. Stephanie also represents clients before administrative bodies and tribunals in relation to real estate transactions and Planning Act matters. While a student at Western, Stephanie was named top oralist in both the Lerners Cup finals and… More →