2007 December 6

Smith v. Cross, 2007 BCSC 1757, appeal dismissed 2009 BCCA 529

The British Columbia Supreme Court awarded the plaintiff municipal councillor $25,000 general damages and $10,000 punitive damages over false and defamatory allegations relating to the plaintiff’s prior role as Chairman of the local School Board. The libels were contained in three emails disseminated in November, 2005 to a variety of recipients, including Members of the British Columbia Legislature. The Court noted that the defendant “argued that anyone could author an e-mail and make look as though it came from him, when in fact it did not” but ruled that the defence position with respect to the emails was “obstructionist” and held that “those portions of the e-mails produced as exhibits by the plaintiff purporting to be from the defendant were in fact sent to the plaintiff and the others listed on them by [the defendant].”