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ARTICLE · 03 FEBRUARY 2021

Disgorgement Of Profits Could Be A Potential Remedy In A Defamation Action

Gardiner Roberts LLP
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Remedies are an important aspect of any case. In the law of defamation, the usual remedy sought by most plaintiffs is general damages for reputational harm.

CanadaLitigation, Mediation & Arbitration
Stephen Thiele
Stephen Thiele
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Remedies are an important aspect of any case. In the law of defamation, the usual remedy sought by most plaintiffs is general damages for reputational harm. In a defamation case, general damages are granted at-large and are not subject to a maximum limit, unlike a general damages award in a personal injury action. Plaintiffs in defamation actions also sometimes seek an injunction to prevent a party from continuing to either physically distribute material or post defamatory statements online, or special damages which is the actual pecuniary loss suffered as a result of a defamatory comment.

However, as demonstrated in the recent case of Malak v. Hanna, 2021 BCSC 115, the remedy of disgorgement of profits may also be available to a plaintiff in the proper case.

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