Tag Archives: damages

Corporate Damages for Defamation

A corporation can be defamed just like a person, however, there are unique challenges and considerations where the defamed party is a corporation that are important to be aware of.  The main difference is with respect to how the Court will approach damages vis-à-vis a corporate plaintiff.

Types of Damages in Defamation Actions

In an action for defamation a plaintiff may be entitled to an award for the following types of damages: (a) general, (b) special, (c) aggravated, and (d) punitive.

General Damages

General damages in defamation cases flow from the defamatory publication and are to compensate the plaintiff for any harm to his or her reputation or emotional well-being. This is often referred to as compensation for the “sting” of the defamation.[1]

Damages for Online Defamation

[…] the Internet is also potentially a medium of virtually limitless international defamation [emphasis added].

–  R.A. Blair J.A., Ontario Court of Appeal quoting Matthew Collins, The Law of Defamation and the Internet (Oxford University Press, 2001)

The hay day for people to retreat to the internet and anonymously and publicly defame others behind a veil of secrecy, without feat of liability, are coming to an end.