2000 September 21

Southam v. Chelekis, [2000] B.C.J. No. 314 (CA), affirming [1998] B.C.J. No. 848

The British Columbia Supreme Court awarded damages aggregating $875,000 Cdn to a newspaper columnist, David Baines, for several articles, a press release, and an oral statement made at a business seminar.

The damage awards included general damages of $250,000 Cdn against the defendants Chelekis and Market News (a distributor of information by means of electronic communication to private investors, including supplying material to Star Data and Bloomburg, thereby achieving worldwide distribution).

Aggravated damages of $100,000 Cdn and punitive damages of $100,000 Cdn were also awarded, presumably in part in relation to the electronic communications.

The British Columbia Court of Appeal unanimously dismissed an appeal by two of the defendants, Market News Publishing Inc. and Robert Shore, from the assessment against them of damages in the sum of $250,000 (see (c) above). Leave to appeal to the SCC was denied [2000] SCCA 177 (SC)

See McConchie and Potts, Canadian Libel and Slander Actions, “Chapter Thirty: Damages, Awards” -pages 865, 894.