What is the test for damages in libel cases?
Ontario, Canada
The following excerpt is from Consumers' Association of Canada v. Hillard, 2004 CanLII 17874 (ON SC):
As was said by the court in Hill v. Church of Scientology 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130: The assessment of damages in a libel case flows from a particular confluence of the following elements: the nature and circumstances of the publication of the libel, the nature and position of the victim of the libel, the possible effects of the libel statement upon the life of the plaintiff, and the actions and motivations of the defendants.
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