LAWG 101D2 Lecture Notes - Lecture 19: Punitive Damages, Torstar, Toronto Star
23 Jan 2018
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Defamation - protection of reputation personal integrity. Defamation is concerned with two values: the freedom of expression and the right to reputation. The cml rules governing actions in defamation are essentially based on the rules of strict liability. The plaintiff is not required to establish wrongdoing on the part of the defendant. The plaintiff"s only burden of proof is to establish that the words spoken by the defendant were of such a nature as to bring the plaintiff"s reputation into disregard. In comparison, the cvl rules governing defamation actions are based on the concept of fault. To succeed, as we saw earlier, the plaintiff must establish not only that the defendant uttered the offensive words about him or her, but also that the defendant committed a fault in so doing. (prud"homme) Commons or the legislative assembly, as the case may be. The tort of defamation is unique in protecting one"s reputation from unjustified attacks.
