What is the test for special damages in defamation cases?
Newfoundland and Labrador, Canada
The following excerpt is from Canadian Broadcasting Corporation v Farrell, 1987 CanLII 3929 (NL CA):
There are unlikely to be special damages in actions for defamation. What the term special damage probably means is material loss, a term suggested by Lord Hailsham of St. Marylebone, L.C., in Broome v. Cassell, [1972] A.C. 1027. That would be synonymous with special damages and general damages consisting of economic loss.
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