Plaintiff
Defendant
Case Overview:
Craig Ralph sued Carl Burgess for defamation after Burgess sent an email to Ralph’s employer alleging he abused his ex-wife and children. The email included multiple false allegations of physical, emotional, and even implied sexual abuse. Burgess admitted to drafting and sending the email but did not attend the trial.
Key Legal Issues:
Defamatory Nature of Statements: The court considered whether the statements in the email were defamatory. It found they lowered Ralph’s reputation and caused harm.
Defendant's Defense: Burgess claimed the statements were true but failed to provide evidence to support this. His defense was rejected.
Damages Awarded: The court assessed general and aggravated damages based on the malicious nature of the email, its limited publication, and the harm caused to Ralph’s reputation and emotional well-being.
Court Findings and Ruling:
The court ruled in Ralph’s favor, determining that Burgess acted with malice by sending false statements to Ralph’s employer to harm his reputation. It found the email’s content defamatory and unsupported by evidence.
Award and Costs:
The court awarded Craig Ralph $45,000 in damages (inclusive of aggravated damages) and costs under Column 3 of Rule 55 of the Rules of the Supreme Court of Newfoundland and Labrador.
Court
Supreme Court of Newfoundland and LabradorCase Number
202201G0286Practice Area
Tort lawAmount
$ 45,000Winner
PlaintiffTrial Start Date
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