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Litigation: Some Key Differences between Civil Litigation in Canada and the United States— Part 5

There are significant differences between U.S. and Canadian defamation law.

The last four articles in this series addressed various differences between civil litigation in Canada and in the United States regarding practice, procedure and certain remedies. This article deals with an area of substantive law where there are significant differences between the laws of the two countries: defamation.

Canada’s common law provinces and territories (i.e., all but Quebec) follow the historic legacy of English law on libel and slander. The law of Quebec, which has its foundations in the French civil law tradition, is rather different and will not to be addressed in this article.

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Berkley Sells

Berkley Sells is a partner at Fasken Martineau. He practices civil litigation with a focus on corporate/commercial disputes and internet litigation.

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