Canadian courts have a reputation of awarding relatively modest
damage awards in tort cases, especially when compared to our
neighbours to the South. However, a recent BC Supreme Court case,
Rook v
Halcrow, demonstrates that Canadian courts will award
significant damages in relation to online defamation — in
that case, the defendant acted with malice when undertaking a
protracted online campaign to defame a former lover on social media
and the court awarded damages in excess of $230,000. For businesses
that host content online, this award raises the spectre of the
potential liability that intermediaries face when their users post
defamatory content on or via their platforms or services. Operators
of online services should not assume that Canada protects
intermediaries from tort claims (including defamation) just because
their or common jurisdictions provide a shield for intermediary
liability.
