Insulting remarks have been launched against you via social media. Compromising photos have been published without your consent. Your reputation is seriously damaged by defamatory statements, affecting every sphere of your life. Once the wrongful and defamatory nature of these actions is established, how, however, can you assess the damages owed to you? How do you evaluate the value of an intangible attack?
The courts have repeatedly had to tackle this thorny issue. Obviously, the assessment of damages in defamation matters will inevitably depend on the context and the gravity of the actions taken, as highlighted by the Superior Court in the case of Corriveau v. Canoe inc.:
[56] As Judge Alain rightly states in the Chiasson v. Fillion decision, it is difficult to quantify the prejudice resulting from a “deep wound to the soul of a human being affected in their innermost self.”
[57] Judicial discretion is omnipresent when it comes to determining the amounts to be awarded for moral damages. Even if each case is unique, the judicial system requires that similar cases be treated in a similar manner. […]
Corriveau v. Canoë inc., 2010 QCCS 3396
The assessment of damages will therefore necessarily involve a comparison of the various indemnities already awarded by the courts in situations similar to yours. Similarity in the facts and in the severity of the repercussions is preferred to adequately estimate the damages that may eventually be claimed.
Criteria for assessing damages
Certain criteria may be weighed by the judge in assessing the attributable damages, including:
- the gravity and credibility of the remarks: indeed, if the remarks are exaggerated to the point of being implausible, the victim’s reputation will be less affected than that of a victim of less serious but extremely credible comments[1];
- the extent of the dissemination and its duration over time: if the remarks are found on several websites, for example, the damages will be aggravated[2];
- the social status of the victim: the more well-known the person is, the more the damage to their reputation is likely to have aggravating repercussions[3];
- the identity of the person behind the defamation: a person with high notoriety, for example a well-known journalist, is likely to cause more damage through their remarks than an anonymous commenter on social media[4];
- the existence of apologies or attempts to retract by the author of the defamatory elements[5].
The damages awarded are divided into two categories: compensatory damages, which aim to compensate for the actual harm suffered by the victim of defamation, and punitive damages, which may be awarded to discourage recidivism and are not associated with a loss for the victim.
Examples of damages awarded
Let’s analyze a few examples of damages awarded in defamation cases:
- In the case of Ward v. Labelle, 2011 QCCS 675, the Superior Court awarded $5,000 in compensatory damages and $5,000 in punitive damages for defamatory remarks published on a blog that questioned and denounced what the author considered to be abuses by a politician;
- In the case of Laforest v. Collins, 2012 QCCS 3078, $30,000 in compensatory damages and $15,000 in punitive damages were awarded for the online publication of an email containing false, defamatory, and slanderous statements, as well as the publication of photos of the plaintiff’s family;
- In Carpentier v. Tremblay, 2013 QCCQ 292, $5,000 in compensatory damages and $1,500 in punitive damages were awarded following the dissemination of a photomontage comparing the plaintiff to a monkey;
- In Lapointe v. Gagnon, 2013 QCCQ 923, $8,000 in compensatory damages and $3,000 in punitive damages were awarded following a smear campaign by the defendant, notably through the publication of comments on Facebook.
Presumably, a certain amount of uncertainty will continue to exist regarding the assessment of damages related to online defamation. However, the more the courts have the opportunity to examine these issues, the more the assessment will become predictable and precise.
Do you wish to initiate a lawsuit for online defamation or would you like to obtain information regarding your chances of success and the amounts you could obtain in damages?
Sources
[1] Tremblay, Gérald R., How much is your reputation worth?, Recent developments on abuse of rights 2005.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
