Evidence of Harm: Financial, Reputational, Emotional

AuthorDavid A. Potts; Erin Stoik
 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.
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

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