Damages

• Author: Roger McConchie; David Potts
• Profession: Member of the Bars of British Columbia and Alberta/Member of the Bar of Ontario
• Pages: 845-876

CHAPTER

THIRTY:

Damages

A.

GENERAL PRINCIPLES

The

plaintiff

in a

defamation action

may be

awarded damages

in

four

gen-

eral

categories:

i)

compensatory;

ii)

punitive

or

exemplary;

iii)

nominal;

or

iv)

contemptuous.

Within

the

category

of

compensatory damages,

a

plaintiff

may

seek awards

under

the

following heads

of

damage:

a.

general;

b.

aggravated;

c.

specific

pecuniary loss (special damages) including

but not

limited

to

loss

of

income

or

capacity

to

earn income (past, present,

and

future),

loss

of

business opportunities, out-of-pocket expenses,

and

amounts incurred

to

mitigate

damages.

The

distinction between general

and

special damages

is

discussed

in

Harvey

McGregor,

McGregor

on

Damages,

15th

ed.

(London: Sweet

&

Maxwell,

1988)