Aggravated Damages in Defamation Claims: When are They Awarded?

Ontario Defamation

In Ontario, defamation claims can involve various types of damages, with aggravated damages being one of the critical compensatory mechanisms. Aggravated damages are awarded to provide additional compensation when the defendant’s conduct has caused further harm to the plaintiff beyond the initial defamation. Understanding the circumstances under which these damages are awarded is essential for both plaintiffs and defendants in defamation cases.

What is the Definition of Aggravated Damages and What Are They For?

Aggravated damages in defamation cases are intended to compensate the plaintiff for increased harm resulting from the defendant’s malicious, high-handed, or oppressive conduct. Unlike punitive damages, which are meant to punish the defendant, aggravated damages serve a compensatory function, addressing the additional mental distress, humiliation, or reputational damage caused by the defendant’s actions​​​​.

You Need Actual Malice

For aggravated damages to be awarded, there must be a finding that the defendant acted with actual malice. Actual malice implies that the defendant was motivated by spite, ill-will, or an intention to harm the plaintiff. The conduct in question must demonstrate a level of malevolence that goes beyond mere negligence or recklessness​​​​.

The court considers the defendant’s behaviour throughout the entire defamation episode, from the initial publication to the conduct during litigation. This includes actions that exacerbate the plaintiff’s suffering, such as persistent publication of the defamatory material or antagonistic conduct during the trial​​​​. The court can award aggravated damages based on conduct that occurs after the initial defamation, provided this conduct further harms the plaintiff.

Increased Harm as a Key Factor

The concept of increased harm is central to the award of aggravated damages. This type of compensation is not automatically given with every defamation claim but is specifically reserved for cases where the defendant’s conduct has significantly intensified the injury to the plaintiff. The court looks for evidence of heightened mental distress, greater humiliation, or expanded publication of the defamatory statement that results in broader harm​​​​.

For instance, if a defendant continues to publish defamatory statements or engages in humiliating actions towards the plaintiff even after the initiation of legal proceedings, this could warrant an award of aggravated damages. The idea is to address the “salt rubbed into the wound” by the defendant’s malicious conduct, which must be known to the plaintiff​​​​.

Judicial Considerations and Precedents

Ontario courts have established a body of case law that guides the awarding of aggravated damages in defamation cases. In the landmark case Hill v. Church of Scientology of Toronto, the Supreme Court of Canada outlined the principles governing such awards, emphasizing the need for actual malice and the compensatory nature of aggravated damages​​​​.

The courts have also been clear that corporations cannot claim aggravated damages since these damages are tied to personal suffering and emotional distress, which are not applicable to corporate entities​​​​.

Amount of Aggravated Damages

The amount awarded for aggravated damages typically does not surpass the quantum of general damages. Courts are cautious to avoid “double counting,” so that the total compensation reflects the additional harm caused by the defendant’s malicious conduct without leading to disproportionate awards​​.

Conclusion

Aggravated damages have a settled place in Ontario defamation law, providing compensation when a defendant’s malicious actions exacerbate the harm caused by defamatory statements. These damages show why the conduct of defendants throughout the defamation process matters, and the law’s commitment to addressing in full the injury inflicted on plaintiffs. Understanding the conditions and judicial reasoning behind such awards helps in a defamation claim, for the party seeking redress and for the party defending against allegations.

By being aware of the specific criteria for aggravated damages, both plaintiffs and defendants can better prepare for the complexities involved in defamation litigation.