What is the test for damages for defamation?
Saskatchewan, Canada
The following excerpt is from Benko v. Scott, 2007 SKQB 176 (CanLII):
The following considerations have been established as relevant in assessing damages for defamation (See: Strudwick v. Lee, 2006 SKQB 397, [2006] S.J. No. 564) 1. The seriousness of the defamatory statement, 2. The identity of the accuser, 3. The breadth of the distribution of the publication of the libel, 4. The conduct of the defendant through to the end of the trial, 5. The absence or refusal of any retraction or apology, and 6. The failure to establish a plea of justification.
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