The Family Law Lawyer and Libel and Slander

• Author: Howard W. Winkler
• Pages: 451-456

The

Family

Law

Lawyer

and

Libel

and

Slander

Howard

W.

Winkler"

A.

INTRODUCTION

It

is not

uncommon

for

parties

to

make

defamatory

remarks about each

other

in the

context

of any

legal dispute. Parties

are

easily

led

into mak-

ing

libelous

or

slanderous statements, whether attempting

to

assert

a

position, defending against allegations,

or

simply

as a

result

of a

dete-

rioration

in

relations.

The

potential

for a

defamation action

to

arise

as a

result

of

litigation

is

especially high

in the

family

law

context.

In

family

law,

disputes

often

focus

on

personal issues that speak

to an

individu-

al's reputation.

For

example,

defamatory

allegations with respect

to an

individual's parenting abilities

or

character

may be a

central issue

in a

custody

and

access dispute.

The

law

allows lawyers latitude

in

advancing their

clients'

interests

in

legal disputes,

but it

also sets some limits. Given

the

nature

of

family

law

disputes,

it is

important

for

family

lawyers

—

and

their clients

—

to

be

aware

of

these boundaries.

B.

JUSTIFICATION

Possibly

the

most well-known

defence

to a

charge

of

defamation

is the

defence

of

justification

or

truth.

Justification

acts

as a

complete

defence

*

Howard

W.

Winkler

is a

partner with Aird

&

Berlis

LLP in

Toronto.

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