2014 January 8

Learmouth v. Statham, 2014 BCSC 19

The British Columbia Supreme Court, assessing defamation damages following judgment in default of defence, awarded the male plaintiff a total of $35,000 general and punitive damages over an internet article which, on the evidence, was published on a single occasion and then removed by the website operator after only 9 days. The Court stated: “While the limited publication might not warrant the damages of $35,000 sought by the plaintiffs, I am satisfied that the sum is reasonable given the lack of any justification for the allegations in the article, and the mala fides that I find motivated the defendant in his conduct in question.” The Court also awarded the plaintiff special costs.