Damages

AuthorRoger McConchie; David Potts
ProfessionMember of the Bars of British Columbia and Alberta/Member of the Bar of Ontario
Pages845-876
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)
at
page
1119
where
the