What is the test for general damages in a defamation case?

British Columbia, Canada


The following excerpt is from Hobbs v. Warner, 2021 BCCA 290 (CanLII):

General damages are presumed in a defamation case; the plaintiff bears no obligation to prove actual loss or injury: Weaver v. Corcoran, 2017 BCCA 160 at para. 70. The legal test does not require monetized damages or a fully developed damages brief. I do not agree with the appellants that the judge failed to appreciate that in defamation, reputational harm is presumed from the nature of the allegations. She expressly indicated otherwise. I do believe, however, that the judge was led astray by the reasons in Pointes CA to place undue significance on the magnitude of monetary damages and accordingly wrongly focussed her causation analysis on that aspect of the claim.

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