A British Columbia businessman has doubled his damages after being defamed in an online news article. The more libel is spread on the internet, the more publishers should pay, according to the BC Court of Appeal..“The extent of the circulation of a newspaper or newsletter may be taken into account in the assessment of damages for defamation,” wrote Justice Karen Horsman. “The scope of viewership may be inferred from evidence of the number of subscribers.” There was no need to prove “how many subscribers actually read the defamatory content,” he added..According to Blacklock's Reporter, the Court doubled damages in the case from $60,000 to $120,000. Businessman Stephen Pineau of Vancouver had sought $2.5 million. Multi-million dollar defamation awards are rare in Canada..Pineau sued after Business In Vancouver and Human Resources Magazine published accounts of a lawsuit against him by a former employer. The articles falsely suggested there were irregularities in the use of a company credit card..Justice Horsman noted in addition to the two online articles, the story was republished in an electronic newsletter sent to 32,000 subscribers. The newsletter said: “The issue of whistleblowing has attracted international attention but is Canada in favour of the corrupt? Read more.”.“The purpose of an award of general damages is to compensate the plaintiff for the loss of reputation and injury to the plaintiff’s feelings, to console the plaintiff and to vindicate the plaintiff so their reputation may be re-established,” wrote Justice Horsman. “In a libel action general damages are presumed from the publication of a false statement.”.The judge at Pineau’s trial described the businessman as “an ethical and honest person who conducts himself with integrity and courtesy.” The allegations of misusing a company credit card were “simply not in keeping with Mr. Pineau’s character,” wrote the Court..Few Canadian courts have awarded libel damages of more than six figures. Awards typically average less than $63,000 with a “small number of cases per year,” the Canadian Bar Review wrote in 2017..The largest to date, $3 million, was paid in 2008 to an Ottawa pilot falsely accused of impairment. The Supreme Court in 1995 upheld a $1.6 million award to a Toronto Crown prosecutor defamed by the Church of Scientology..The Manitoba Court of King’s Bench last March 4 ordered the CBC to pay $1.95 million for libeling a Winnipeg investment advisor, the largest award of its kind in Manitoba history. Evidence showed the TV network in its newscasts falsely accused the advisor of unethical practices, at one point broadcasting his photo with a headline: “Is Your Money Safe?”
