The following excerpt is from Walsh Energy Inc. (The Energy Centre) v. Better Business Bureau of Ottawa-Hull Incorporated/Bureau d’éthique commercial d’Ottawa-Hull Incorporée (Better Business Bureau Serving Eastern and Northern Ontario and the Outaouais), 2012 ONSC 5819 (CanLII):
Factors to be considered in assessing general damages are: the conduct of the plaintiff; the plaintiff’s position and standing; the nature of the libel; the mode and extent of publication of the libel; the absence or refusal of any retraction or apology; the whole conduct of the defendant from the time when the libel was published down to the very moment of the verdict; the conduct of the defendant and their counsel; the recognition that no apology, retraction or withdrawal can ever be guaranteed completely to undo the harm that was done; and any evidence led in aggravation or mitigation of damages. (See Hill v. Church of Scientology of Toronto, at para. 182.)
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