Sanderson v Bennett
Paul Sanderson
Law Firm / Organization
Gowling WLG
Robin Bennett
Law Firm / Organization
Allen/McMillan Litigation Counsel
Lawyer(s)

Joel V. Payne

Overview:
Paul Sanderson sued Robin Bennett for defamation in the Supreme Court of British Columbia. Sanderson alleged that Bennett made defamatory statements about him in a June 6, 2015 oral statement and a June 4, 2017 email. Bennett admitted that his email was defamatory but argued that he was protected by qualified privilege.

Legal Issues:
The court considered whether:

  • Bennett’s statements were defamatory.
  • Bennett’s defenses of qualified privilege and justification applied.
  • Sanderson suffered financial and reputational harm due to Bennett’s statements.

Defamation Findings:
The court found that:

  • Bennett did make the oral statement that Sanderson had a reputation for taking kickbacks.
  • Bennett admitted the email was defamatory.
  • The defense of qualified privilege failed because Bennett acted with reckless disregard for the truth and had an ulterior motive.
  • The defense of justification failed, particularly regarding allegations of unlawful conduct and kickbacks.

Damages Awarded:
The court awarded $85,000 in general damages to Sanderson but denied his claims for special, aggravated, and punitive damages. It also rejected Bennett’s argument that Sanderson failed to mitigate his losses.

Final Disposition
Paul Sanderson was awarded $85,000 in damages and entitled to costs on the ordinary scale.

Supreme Court of British Columbia
S176271
Civil litigation
$ 85,000
Plaintiff