Ontario, Canada
The following excerpt is from Warman v. Grosvenor, 2008 CanLII 57728 (ON SC):
The postings and the e-mails are also malicious. I find that the defendant has been motivated by malice in making them:Hill v. Scientology, at para. 145. The postings have been made dishonestly and in knowing or reckless disregard of the truth. Those that state the plaintiff is a convicted pedophile and a gangster and organized crime figure are glaring examples of this deliberate malice. Similarly, after the defendant was served with the Statement of Claim, he chose to contact the plaintiff directly through the e-mails and to continue his slurs and threats.
I find the plaintiff is entitled, therefore, in addition to general damages for defamation and assault, to aggravated damages because of this element of malice that has served to cause additional injury and distress in all of the circumstances: Hill v. Scientology, at paras. 188-90.
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