Is there a general liability for general damages arising from a publication?

British Columbia, Canada


The following excerpt is from Home Equity Development Inc. et al v. Crow et al, 2004 BCSC 124 (CanLII):

Liability for general damages arising from a publication is joint and several. All persons involved in the commission of the joint tort are jointly and severally liable for the damages caused by that tort: Hill v. Church of Scientology of Toronto, supra, at paragraphs 174 and 175.

Aggravated damages may be awarded in circumstances where conduct of the defendant or his or her counsel has been particularly high handed or oppressive, thereby increasing the plaintiff’s humiliation and anxiety arising from the defamatory statement. Like general or special damages, aggravated damages are compensatory in nature. Their assessment requires consideration by the court of the entire conduct of the defendant prior to the publication of the libel and continuing through to the conclusion of the trial. They represent the expression of natural indignation of right-thinking people arising from the malicious conduct of the defendant: Hill v. Church of Scientology of Toronto, supra, at paragraphs 188 and 189.

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