What are the leading authority on assessing damages in libel actions?

British Columbia, Canada


The following excerpt is from Gracey (Guardian of) v. Scott, 2002 BCSC 1209 (CanLII):

The leading authority on assessment of damages in libel actions is Hill v. Church of Scientology of Toronto, supra. Cory J.’s judgment affirmed that the following factors were to be taken into consideration by a judge or jury when assessing damages: 1) the plaintiff’s position and standing; 2) the nature of the libel; 3) the mode and extent of the publication; 4) the possible effects of the libel statement upon the life of the plaintiff; 5) the absence or refusal of any retraction or apology; and 6) the motivation and total conduct of the defendant throughout the action.

Other Questions


Is there any difference between the assessment of damages in lieu of specific performance and the amount of damages assessed at the date of judgment? (British Columbia, Canada)
Can a strata corporation commence an action to recover an unpaid assessment if the owner of the unit is assessed first and only if the assessment is unpaid? (British Columbia, Canada)
In a personal injury action, can damages be assessed before the amount of damages has been determined? (British Columbia, Canada)
In assessing the credibility of an author, is the author’s credibility of the author? (British Columbia, Canada)
What is the test for assessing aggravated damages in a libel action? (British Columbia, Canada)
What factors will be taken into assessing damages in a libel action? (British Columbia, Canada)
What is the current state of the law on assessing pre-existing conditions in assessing damages? (British Columbia, Canada)
What is the range of aggravated damages in a libel action? (British Columbia, Canada)
What is the impact of personal experiences on the assessment of non-pecuniary damages in a personal injury action? (British Columbia, Canada)
What is the test for assessing damages in libel cases? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.