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Slander of Title

Intentionally casting aspersion on someones property including real property, a business or goods (the latter might also be called slander of goods).

A form of jactitation; a tort which can give rise to damages against the person speaking the slanderous words.

For example, stating that a house is haunted or alleging that a certain product infringes a patent or copyright.

In 2000, a Canadian court has set out that the registration of a certificate of pending litigation (aka lis pendens) does not constitute slander of title (G.P.I. Greenfield Pioneer Inc. v. Moore, Ontario Court of Justice, Docket: Hamilton 34093/92):

"The registration of a certificate of pending litigation cannot be the basis for a claim for damages for slander of title... as it is part of the processing a court action and therefore absolutely privileged."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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