What is the test for damages in a libel action?
Ontario, Canada
The following excerpt is from Townhouses of Hogg's Hollow Inc. v. Jenkins, 2007 CanLII 6250 (ON SC):
Where words are defamatory, damages are presumed and are awarded at large: Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130 at para. 164 [Hill]. In the case of default libel proceedings, facts going to the extent of damages must be proved by the plaintiff: Umlauf, supra at para. 9.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for general damages in a libel action? (Ontario, Canada)
What are the general damages in a libel action? (Ontario, Canada)
What is the test for damages for non-pecuniary damages in a personal injury action? (Ontario, Canada)
Does a loss of profit or damages based on a increase in the capitalization ratio applied in the valuation of shopping centres after July 2004, or are there any potential losses or damages? (Ontario, Canada)
What is the test for common law damages in lieu of notice in a constructive dismissal action? (Ontario, Canada)
What factors are considered by the Court in deciding whether to allow a plaintiff to sue for damages in a separate action against a landlord? (Ontario, Canada)
When dealing with punitive damages, when dealing with compensatory damages, does the court have a much greater scope and scope on appeal? (Ontario, Canada)
Can a landlord obtain damages from a tenant for damage caused to the roof of a residential unit where the tenant is no longer paying rent? (Ontario, Canada)
What is the range of damages available in a personal injury action? (Ontario, Canada)
What is the duty of a plaintiff to mitigate the damages of a defendant in a tort action? (Ontario, Canada)
