Where there has been actual malice, aggravated damages may be awarded in circumstances where the defendant’s conduct has been insulting, high-handed, spiteful, malicious or oppressive which increases the plaintiff’s mental distress : Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130 at para. 188.
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