What is the time limit to sue for defamation in Quebec?
Short answer
In Quebec, an action based on injury to reputation is prescribed by one year, running from the day the defamed person became aware of it (art. 2929 of the Civil Code of Quebec).
In detail
One year is short, and the starting point is not the date of publication but the date the person concerned became aware of it. That nuance matters for a statement published online and discovered later.
Section 4 of the Charter of Human Rights and Freedoms protects every person's right “to the safeguard of his dignity, honour and reputation”, and section 49 allows the victim of unlawful interference to obtain its cessation and compensation for the prejudice, as well as punitive damages where the interference is unlawful and intentional.
Note: the Small Claims Division of the Court of Quebec does not hear applications alleging defamation (art. 537 of the Code of Civil Procedure). Those files belong to another court.
What to document
A dated screenshot of the statement with its URL, the date you became aware of it, the author or the account, how many people could see it, and the concrete consequences you suffered (emails received, a contract lost, time off work).
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Civil Code of Quebec, art. 2929 (Légis Québec)
- Charter of Human Rights and Freedoms, ss. 4 and 49 (Légis Québec)
- Code of Civil Procedure, art. 537 (Légis Québec)
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.