What is the test for assessing damages in libel cases?
British Columbia, Canada
The following excerpt is from Taylor-Wright v. CHBC-TV, 1999 CanLII 3634 (BC SC):
In Botiuk v. Toronto Free Press Publication Ltd. (1995), 1995 CanLII 60 (SCC), 126 D.L.R. (4th) 609 (S.C.C.), the court at page 632 adopted the principle of damages in the Hill v. Church of Scientology of Toronto (1995), 1995 CanLII 59 (SCC), 126 D.L.R. (4th) 129 (S.C.C.) at page 183, paragraph 187, as follows: The assessment of damages in a libel case flows from the particular confluence of the following elements: the nature and circumstances of the publication of the libel, the nature and position of the victim of the libel, the possible effect of the libel statement upon the life of the plaintiff, and the actions and motivations of the defendants.
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