Valley Traffic Systems Inc. v. Malak
Valley Traffic Systems Inc.
Philip Keith Jackman
Trevor Paine
Raoul Malak
Law Firm / Organization
McConchie Law Corporation
Ansan Traffic Group Ltd.
Law Firm / Organization
McConchie Law Corporation
Ansan Industries Ltd. d.b.a. Ansan Traffic Control
Law Firm / Organization
McConchie Law Corporation
Lanetec Traffic Control Inc.
Law Firm / Organization
McConchie Law Corporation
Western Traffic Ltd. d.b.a. Flaggirls Traffic Control
Law Firm / Organization
McConchie Law Corporation
Island Traffic Services Ltd.
Law Firm / Organization
McConchie Law Corporation
Remon Hanna
Law Firm / Organization
Unrepresented

Background:
Valley Traffic Systems Inc., Philip Keith Jackman, and Trevor Paine (defendants) appealed a decision where they were found to have engaged in a coordinated defamation campaign against Raoul Malak and the Ansan Traffic Group (plaintiffs), their competitors in the traffic control services industry.

Key Legal Issues:
The defendants argued the trial judge erred by:

  1. Misapplying the "common design" tort standard by not requiring direct participation.
  2. Basing liability on speculative inferences.
  3. Relying improperly on hearsay evidence.
  4. Awarding aggravated and punitive damages on a joint and several basis without sufficient evidence of malice.

Court Findings:
The court dismissed the appeal, affirming that Valley Traffic Systems Inc. and the individual defendants intentionally participated in a defamatory scheme to harm the plaintiffs' business reputation. The court found the defendants liable for defamation, with credible evidence showing payments to co-defendant Remon Hanna to further the defamatory acts.

Damages Awarded:
The court upheld damages totaling $1.5 million:

  • $500,000 in general damages for Raoul Malak,
  • $300,000 in general damages for the Ansan Traffic Group,
  • $200,000 in aggravated damages, and
  • $500,000 in punitive damages.

The total amount awarded reflected compensation for reputational harm and punishment for malicious conduct. The aggravated and punitive damages were ordered on a joint and several basis, holding all defendants accountable for the full amount.

Court of Appeals for British Columbia
CA49314
Tort law
$ 1,500,000
Respondent