Evidence of Harm: Financial, Reputational, Emotional

• Author: David A. Potts; Erin Stoik
• Pages: 262-272

262

 25

Evidence of Harm: Financial, Reputational, Emotional

In several cases, the plaintif‌f has introduced sucient evidence of f‌inancial

loss. We have selected several such cases and included large extracts from

the cases as they explain in detail the evidence that the judge relied upon.

It is hoped that these extracts will be of assistance to counsel and judges in

anti-SLAPP motions.

FINANCIAL HARM

Bondf‌ield Construction Company Limited v The Globe and Mail Inc, 2019 ONCA 166 at

paras 24–25:

[24] Nor is this a case in which Bondf‌ield has failed to produce any evidence

of loss in the form of monetary damages. To the contrary, Bondf‌ield has pro-

duced evidence that it has lost contracts, potential construction partners, and

potential funding from lenders as a result of the articles written in the Globe.

These losses, if connected in whole or in part to any defamatory statements,

would result in a signif‌icant damage award in favour of Bondf‌ield.

[25] I hasten to add that the Globe has a good argument that any losses

suf‌fered by Bondf‌ield are not causally connected to the alleged defamation

but are, in fact, the result of Bondf‌ield’s failure to abide by the rules pertaining

to the bidding process and, in particular, its failure to disclose in the course of

that process its business connections with Mr. Georgiou. In my view, however,

the s. 137.1 motion was not the place to resolve the causal connection issue

as it related to the alleged damages. For the purposes of asserting harm suf-

fered or likely to be suf‌fered, it was enough that Bondf‌ield presented specif‌ic

and credible evidence of potentially signif‌icant pecuniary damages f‌lowing

from the defamatory statements: Pointes, at para. 90-92. Like the motion

judge, I think Bondf‌ield made out a formidable case of signif‌icant harm