Is a defendant liable for damages where the words are not justified?
Ontario, Canada
The following excerpt is from Paderewski v. Skorski, 2017 ONSC 6594 (CanLII):
Where the words complained of contain more than one charge, the defendant is liable for damages in respect of those parts that are not justified. See Hodgson at para. 429. However, if the words are partially justified, this may be a source of mitigation of damages. See the case of Pamplin v. Express Newspapers Ltd. [No. 2], [1988] 1 All E.R. 282.
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