McElroy v. Cowper-Smith and Woodman

McElroy v. Cowper-Smith and Woodman

Default of defence in Alberta admits the facts pleaded (so plaintiffs need not prove publication); although punitive damages can in principle be awarded for libel, the trial awards of $25,000 to each plaintiff were inordinately large in the circumstances (defendant temperamentally unstable and unlikely to have affected reasonable businessmen) and the matter is remitted for reassessment of damages.

Citation
[1967] SCR 425
Parties
Defendant/appellant: Hector McElroy; Plaintiff/respondent: David Cowper-Smith; Plaintiff/respondent: Robert Woodman
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 May 1967
Procedural Posture
Libel (defamation) / Appeal to Supreme Court of Canada From Alberta Appellate Division
Outcome
Appeal allowed (majority); Appellate Division judgment reversed in part; matter remitted to trial division for reassessment of damages; Spence J. dissenting.
Legal Topics
Libel, Exemplary Damages, Punitive Damages, Default Judgment, Mitigation of Damages, Admission by Silence, Admissibility of Subsequent Publications
Source Language
English
Torts Defamation Civil Procedure Evidence Damages Libel Exemplary Damages Punitive Damages +4 more

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Parties

Hector McElroy

Defendant/appellant

David Cowper-Smith

Plaintiff/respondent

Robert Woodman

Plaintiff/respondent

Procedural Posture

Libel (defamation) / Appeal to Supreme Court of Canada From Alberta Appellate Division

Legal Issues

  1. 1 Whether default of defence in Alberta admits the facts in the statement of claim and relieves plaintiffs of proving publication
  2. 2 Whether the trial award of $25,000 to each plaintiff was inordinately large or a wholly erroneous estimate
  3. 3 Whether punitive/exemplary damages were legally available on the facts

Ratio Decidendi

Default of defence in Alberta admits the facts pleaded (so plaintiffs need not prove publication); although punitive damages can in principle be awarded for libel, the trial awards of $25,000 to each plaintiff were inordinately large in the circumstances (defendant temperamentally unstable and unlikely to have affected reasonable businessmen) and the matter is remitted for reassessment of damages.

Court Disposition

Appeal allowed (majority); Appellate Division judgment reversed in part; matter remitted to trial division for reassessment of damages; Spence J. dissenting.

Orders

  • Appeal allowed
  • Case remitted to the trial division for assessment of damages