[165]
The fact that Mr. Neufeld was re-elected as trustee may be a mitigating
where a defamatory statement is not believed, damages can be awarded to compensate
the plaintiff for the injured feelings, psychological impact and inconvenience caused
by the libel (Bent, at para. 149; Downard, at §14.01[2][f] and [h]). Likewise, the fact
that Mr. Neufeld was not silenced by Mr. Hansman’s statements does not negate any
harm he suffered. Otherwise, public figures could claim only nominal damages for
defamation unless they lost their platform as a result. That is not, nor has it ever been,
the state of the law. Granted, the fact that a plaintiff has shied away from the public
sphere as a consequence of defamatory remarks can certainly increase the damages
awarded, but this is not the yardstick by which harm is measured.
[166]
In my opinion, given the aggravating factors discussed above, the
seriousness of Mr. Neufeld’s harm should have been situated somewhere between the
middle and the high end of the scale.
The Public Interest in Allowing Mr. Neufeld’s Claim to Proceed to Trial
Outweighs the Public Interest in Protecting Mr. Hansman’s Expression
[167]
Because of the subsidiary nature of this issue, the chambers judge gave
little consideration to the competing public interests. He briefly noted that
Mr. Hansman’s expression deserved “significant protection” because many of his
statements pertained to the need for inclusive and safe schools or did not mention
2023 SCC 14 (CanLII)
factor, but it does not nullify his claim, nor does it render his harm minor. Even in cases
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