What factors will be taken into assessing damages in a libel action?

British Columbia, Canada


The following excerpt is from Lapointe v. Summach, 2001 BCSC 805 (CanLII):

In terms of the assessment of general damages, Cory J., in Hill v. Church of Scientology of Toronto, supra, said this at paragraph 182: The factors which should be taken into account in assessing general damages are clearly and concisely set out in Gatley on Libel and Slander (8th ed.), supra, at pp. 592-93, in these words: Section 1. Assessment of Damages 1451. Province of the jury. In an action of libel “the assessment of damages does not depend on any legal rule.” The amount of damages is “peculiarly the province of the jury,” who in assessing them will naturally be governed by all the circumstances of the particular case. They are entitled to take into their consideration the conduct of the plaintiff, his position and standing, the nature of the libel, the mode and extent of publication, the absence or refusal of any retraction or apology, and “the whole conduct of the defendant from the time when the libel was published down to the very moment of their verdict. They may take into consideration the conduct of the defendant before action, after action, and in court at the trial of the action,” …

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