2012 February 1

Trout Point Lodge Ltd. v. Handshoe, 2012 NSSC 245

The Nova Scotia Supreme Court awarded defamation damages totalling $425,000 to the corporate plaintiff and two individual plaintiffs over blog postings on the Internet by a Mississippi resident.  The defendant did not participate in the court hearing for the assessment of damages following a judgment in default of defence.  The corporate plaintiff was awarded $75,000 general damages.  Each of the two individual plaintiffs was awarded $100,000 general damages; $50,000 aggravated damages; and $25,000 punitive damages.   The Court also granted the plaintiffs a permanent injunction , stating that the conduct of the defendant “became stronger and more malicious and derogatory as the action was commenced and as it proceeded to this assessment of damages.  There has been no retraction or apology but a continued campaign of defamation.”