Alberta Court Awards Damages for Defamatory Statements in Internet Libel Case

In Vaquero Energy v Weir, the Alberta Court of Queen's Bench awarded the Plaintiffs general and punitive damages of $75,000 for defamatory statements posted by the Defendant on the Internet. The Plaintiffs, Vaquero Energy Ltd and its CEO, Robert Waldner, commenced an action against the Defendant, Nick Weir, alleging that Weir had anonymously posted disparaging remarks concerning the Plaintiffs on a stock market chat site over a period of four months. The Court was satisfied that the postings were defamatory and found the statements to be particularly malicious in the characterization of Waldner. On the issue of damages, the Court emphasized that the anonymous nature of e-mails poses a greater risk that defamatory remarks are believed by readers because readers do not know the identity of the author or the author's motive for sending the e-mail. As a result, the defamation becomes aggravated. The Court also considered the fact that Internet publication is global in reach and allows for instantaneous, unlimited re-publication and this could cause irreparable harm to a business reputation before its targets are even aware of the comments. For the full text of the decision in Vaquero Energy v Weir, 2004 ABQB 68, visit: http://www.albertacourts.ab.ca/jdb/2003-/qb/civil/2004/2004abqb0068.pdf. Summary by: Nicholas Wong