What is the test for damages in defamation cases?

Ontario, Canada


The following excerpt is from Hazel v Rainy River First Nations, 2016 ONSC 5875 (CanLII):

Damages in a defamation matter are at large. The plaintiff does not have to prove actual loss. The standard factors to consider in determining damages for defamation include the plaintiff's position and standing, the nature and seriousness of the defamatory statements, the mode and extent of publication, the absence or refusal of any retraction or apology, the whole conduct and motive of the defendant from publication through judgment, and any evidence of aggravating or mitigating circumstances (Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130 S.C.C. at para. 182). Analysis

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