What is the test for damages for libel?

Manitoba, Canada


The following excerpt is from Dowse v. Dowse, 2003 MBQB 8 (CanLII):

The plaintiff relies on the judgment of McKenzie J. in Taylor v. Ginter 1979 CanLII 574 (BC SC), 19 B.C.L.R. 15. At page 20 he stated: "It" (that is the motive of making a profit) "is a factor also that is taken into account in damages for libel; one man should not be allowed to sell another man's reputation for profit. Where a defendant with a cynical disregard for a plaintiff's rights has calculated that the money to be made out of his wrongdoing will probably exceed the damages at risk, it is necessary for the law to show that it cannot be broken with impunity. This category is not confined to moneymaking in the strict sense. It extends to cases in which the defendant is seeking to gain at the expense of the plaintiff some object -- perhaps some property which he covets -- which either he could not obtain at all or not obtain except at a price greater than he wants to put down. Exemplary damages can properly be awarded whenever it is necessary to teach a wrongdoer that tort does not pay." (Italics mine.)

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