Think Before You Post: How Defaming Your Ex on Social Media Can Land You in Court Trouble

Social Media Mistakes That Could Cost You in Court 

In the heat of a breakup, it can be tempting to vent online. But if you attack your ex on social media, you could end up doing serious damage — not just to them, but to your own case in family court as a result of committing social media defamation. 

Canadian courts are increasingly recognizing that posts designed for defamation on social media like Facebook, Twitter, or Instagram aren’t just harmful — they can be treated as family violence with serious legal consequences.  

When Online Defamation Becomes Family Violence 

Family law courts are clear: when social media posts cross the line into harassment, threats, or public shaming, they can amount to family violence. In McLellan v. Birbilis, the court ruled that cyberbullying through social media constituted family violence. Similar findings were made in other cases, further demonstrating how courts view defamatory and harmful online behavior in family law contexts. 

This means that a few reckless posts could end up being used against you as defamation in family court — affecting decisions about decision making, parenting , and even protection orders. 

Why Posting About Your Ex or Kids Online Can Backfire Badly 

Judges take the privacy and emotional well-being of children very seriously. In E.H. v. O.K., a father’s social media posts about his child and former partner led the court to order him to take them down and ban future posts. The court found the posts breached the child’s privacy and harmed her best interests — the top priority in any family law case. 

Similarly, in A.T. v. V.S., [2020] O.J. No. 3015 the court stressed that public social media fights between parents can hurt children and damage the parent-child relationship. 

The Real-World Consequences of Social Media Defamation 

The fallout from defamatory posts can be severe. Some social media defamation cases: 

• Reputation Damage: In Post v. Hillier, [2022] O.J. No. 4720 |  defamatory tweets shattered Ms. Post’s reputation and worsened her health conditions. 

• Mental Health Effects: Victims of online attacks often suffer emotional distress, humiliation, and anxiety. In Clancy v. Farid, 2023] O.J. No. 2970 | the plaintiffs described serious mental anguish and fear for their families’ safety. 

• Financial and Career Harm: Defamation can hurt someone’s future job prospects and income. 

• Legal Liability: Courts have awarded damages against people who defame others online — and the public nature of social media only makes things worse. 

Posts That Go Viral Can Worsen Your Case 

Social media posts don’t just disappear. They spread — quickly. In Robinson v. Niganobe, [2023] O.J. No. 3324. the court considered the wide reach of defamatory Facebook posts when making its decision, recognizing the lasting damage they caused.  

Final Word: Think Before You Post 

Venting about your ex online might feel good for a moment — but it can have lasting, serious consequences in family court. Defamation in divorce cases particularly, can lead to: 

• Findings of family violence 

• Court orders to remove content 

• Financial penalties 

• Loss of credibility in custody or support battles 

If you’re going through a family dispute, it’s essential to stay off social media or, at the very least, keep your posts neutral and respectful. When it comes to family law, what you post can — and likely will — be used against you.