CHAK v LEVANT, 2021 ABQB 946


1.3: General authority of the Court to provide remedies
13.6: Pleadings: general requirements

Case Summary

The Plaintiff sued the Defendants in defamation. The Defendants did not dispute whether the statements were defamatory, and the Court determined that the defence of justification had not been made out. The Defendants asserted that general, aggravated, and punitive damages could not be awarded because they were not pled. The Court ultimately found that they could be awarded.

The Court confirmed that, pursuant to Rule 1.3(2) it had broad jurisdiction to award damages. Justice Leonard considered that Rule 13.6(2)(c) requires that a pleading state the type of damages claimed and the precise amount of punitive damages sought is less important “so long as the amount pleaded does not impair trial fairness.”

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