# Benchmark Legal Offices

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Understanding the Tort of Injurious Falsehood Including Relation to Defamation Law



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The Law
The specific elements of the tort were articulated by the Court of Appeal in the case of Lysko v. Braley, 2006 CanLII 11846 whereas it was stated:
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It is notable that the common law elements state that special damages are required; however, this requirement is statutorily amended by the Libel and Slander Act, R.S.O. 1990, c. L.12, section 17, such that the requirement of suffering special damages is absent when, properly pleaded, and of course adequately proven, the words were published in a written fashion and maliciously calculated to cause financial injury.  Specifically, the Libel and Slander Act states:
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Accordingly, a case for injurious falsehood may be successful despite a lack of proof of losses as special damages.
Damages
General Damages
Within the case of Procor Ltd. v. United Steel Workers of America, et al, 1990 CanLII 6637 awards of general damages and punitive damages were awarded when the union was found as maliciously alleging customs fraud without a foundation for such accusations and all with the intent of venting hostilities on behalf of unionized employees.  Whereas special damages were unproven yet some measure of harm plainly resulted from, among other things, the expenses arising from, and the loss of other productivity and opportunity for those persons associated in defending the allegations, general damages of $100,000 were awarded as a judicial guesstimate off losses.  Specifically it was stated:
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Punitive Damages
Also in Procor, at page 30 to page 31, punitives damages were awarded whereas the court was satisfied that:
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Costs Award
As a signficant additional sanction within the Procor decision, legal costs on a solicitor-client basis were awarded against the union for failing to accept offers as well as for continuing the allegations, despite obvious evidence to the contrary, prior to, and during, the trial.
Summary Comment
Injuries falsehood is a form of defamation where false information is uttered or published about a business.  Interestingly, unlike a defamation case, with injuries falsehood the Plaintiff must prove that the information uttered or published is false rather than the Defendant needing to prove that the information was true.
Learn More About 
Injurious Falsehood






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