June 29, 2026
Defamation: Should You Apologize After Making a Defamatory Statement?
If you have been accused of defamation - or are concerned that something you said or published may be defamatory - you may be asking a practical question:
Should I just apologize and move on?
In Canada, the answer is more nuanced than many people expect. An apology can be helpful, but if it is handled poorly, it can create additional problems. Here are the key considerations.
The Potential Benefits of an Apology
A prompt, sincere apology can have significant advantages.
It may help resolve the dispute before it turns into an expensive lawsuit. It may preserve relationships. It can also reduce the amount of damages that a court awards if litigation proceeds.
Canadian courts have repeatedly recognized that a genuine apology can demonstrate that a defendant acted without malice and made an honest effort to correct a mistake. By contrast, refusing to apologize - or waiting until the eve of trial - may increase the risk of aggravated damages if the defamation claim succeeds.
The timing matters. An apology is usually more persuasive when it is given promptly after learning that a statement was false. In some cases, apologies and retractions can reduce damages so significantly that the claim is no longer economically viable for the plaintiff to pursue.
The Law Protects Apologies (to a Point)
Alberta’s Evidence Act specifically encourages people to apologize. It states that an apology is not considered an admission of fault or liability, and it cannot be used in court to prove liability.
The purpose is straightforward: people should be able to express regret or empathy without fear that the apology will automatically be used against them in a lawsuit.
Issuing an Apology: Proceed with Caution
In practice, however, that protection is not absolute. If you are considering an apology, proceed carefully and, ideally, consult a lawyer first. Some statements included in an apology can create legal risk.
Courts draw an important distinction between:
- Expressions of regret or sympathy, and
- Statements of fact
Courts have previously excluded the portions of a statement that amount to an apology while admitting other portions that are statements of fact. For example, factual statements in an apology letter may be admissible if they are separate from the expression of sympathy, regret, or fault.
In other words, the apology itself may be excluded, but factual admissions within it may still be used in litigation. Courts can separate, or “redact,” the apology from the rest of the statement.
That is one of the greatest risks of an informal or poorly drafted apology.
Releases
In many cases, an apology or retraction can form part of a broader resolution. Through counsel, the parties may be able to negotiate a “release,” which is a binding agreement in which the plaintiff agrees not to pursue (or continue) a lawsuit in exchange for specific terms - often including an apology, retraction, or, in some cases, payment.
For a defendant, a properly drafted release provides certainty and finality: it prevents the plaintiff from bringing further claims arising from the same statements and brings the dispute to a definitive end. Without a release, even a sincere apology may not prevent litigation from proceeding or being revived later.
For that reason, lawyers often focus not just on the wording of an apology, but on whether it can be used to secure a complete and lasting resolution.
The Bottom Line
An apology can be a powerful tool for resolving a defamation dispute.
But it can also create unexpected legal issues if it is poorly worded or made without understanding the consequences.
Every situation is different. Before publishing an apology - or deciding not to apologize at all - you should speak with an experienced defamation lawyer. A carefully drafted apology, coupled with a comprehensive release, may help permanently resolve the dispute. A poorly drafted apology may unintentionally make the situation much worse.
About the Author
Andrea MacLean is an associate at JSS Barristers whose practice focuses on defamation. She has experience handling a wide range of matters and representing both plaintiffs and defendants. If you have been sued in defamation, please contact Andrea at macleana@jssbarristers.ca or 403-571-1509.
Please note that JSS Barristers insights are provided for informational purposes only. They are not intended as legal advice or a legal opinion. Please contact authors or JSS Barristers if you would like to obtain legal advice on this or other legal issues.