2016 November 30

Rutman v. Rabinowitz, 2016 ONSC 5864

The Ontario Superior Court of Justice awarded the plaintiff accountant $200,000 general damages, $200,000 aggravated damages, and $300,000 punitive damages over a defamatory internet campaign. Liability for defamation damages and punitive damages was admitted by the defendant. No special damages were claimed.

The Court stated that the damage award “must take account of the unique and somewhat insidious nature of internet defamation.” The Court found that the defendant “used fake emails to make it look like there were dozens of people” who were disparaging of the plaintiff. These posts went on for months. When some posts were removed by the site administrator, new ones took their place. The Court also found that the defendant used certain pseudonyms to make it look as if some of the posts were from the plaintiff’s family, friends and business associates. The defendant also sent emails, faked to look like they were from the plaintiff, which encouraged readers to visit the defamatory posts. These were sent to over 200 family, friends and associates. With respect to punitive damages, the Court held that the defendant installed IP-masking software so he could continue the campaign against the plaintiff without being detected. The defendant also eventually destroyed evidence despite court preservation orders.