2012 June 28

Laforest c. Collins, 2012 QCCS 3078

The Quebec Superior Court awarded the plaintiff $30,000 compensatory damages and $15,000 punitive damages over defamatory postings on blogs over a period of five years. The Court also ordered the defendant to remove all of the defamatory material from the Internet and to sign and deliver a letter of retraction which specifically withdraws the defamatory accusations, undertakes not to defame the plaintiff in the future, and authorizes the plaintiff to publish the retraction as he sees fit.

The Court noted that [rough translation to English from French]. “the Web has become the most powerful and frequently used medium of communication on earth. It permits wars to be halted quickly, criminals to be quickly captured. Teaching has no limit. Communication can be personal as well as impersonal. The Web can make anyone a celebrity in a few minutes. It can tarnish or destroy a reputation with one click. Use of the Web, of its sites and its blogs varies according to the category of users, their ages, their sex, their religion etc.”

On the evidence before the Court, it appeared that the plaintiff’s employment prospects were prejudiced by the defamatory postings. The plaintiff testified that his employer hired him on the condition that he clear his name and that for several years he had to maintain a “low profile” because of the defamatory postings of the defendant.