Slander of Title Definition:

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 Western Surety, Justice Gerow adopted these words:

"Slander of title involves slanderous remarks cast upon a person’s property. It is akin to the tort of defamation in that it involves a false statement about the plaintiff; however, it differs from defamation in that the false words do not reflect upon the character of the plaintiff, but on the plaintiff’s property.

"For slander of title to be actionable the statement, which can be a lien, a certificate of pending litigation (“CPL”), or other notices against title, must operate as a cloud upon the plaintiff’s rights to the property at issue which makes third parties shun and avoid the plaintiff’s property from a commercial point of view....

"[I] in an action for slander of title the following elements have to be proved: that the defendant published words in disparagement of the plaintiff’s property; that such words were false; that such words were published with actual malice; (and) that the plaintiff sustained special damages as a result."

REFERENCES:

Western Surety Company v. Hancon Holdings Ltd. et al., 2007 BCSC 180