2020 February 11

Houseman v. Harrison, 2020 SKQB 36

The Saskatchewan Court of Queen’s Bench awarded the plaintiff dentist damages aggregating $240,000  for defamation through two internet rating websites known as www.ratemds.com [Rate MDs] and Google Review. The two defendants, ex-employees of the plaintiff who made the postings anonymously, were noted in default in the action. The defamatory reviews were posted between March 1, 2017 and April 2018. The plaintiff had dismissed both defendants from their employment at the clinic when he learned they were defaming him. In assessing damages, the Court stated: “The fact that the offending words were posted on the internet, through a specific rating website, is particularly noteworthy. It is a sign of the times that Canadian courts have seen an increasing number of defamation actions pertaining to uncomplimentary and damaging words posted online. This medium is widely accessible and broadens the ability of anyone to publish harmful comments.” The damage award was broken down as follows: $50,000 general damages; $140,000 special damages; $30,000 aggravated damages ($15,000 payable by each defendant); and $20,000 punitive damages ($10,000 payable by each defendant). The two defendants were also ordered to remove all internet postings and “enjoined, restrained and prohibited from posting any other comments, videos, blogs, or the like, which defame, disparage or otherwise damage the reputation of the plaintiff.”