DISPARAGEMENT DENOUNCED BY DAMNING DAMAGES DECISION—VALLEY TRAFFIC SYSTEMS INC V MALAK, 2024 BCCA 370

Abstract

There are several measures businesses can take to address unfair and inaccurate online reviews; however, these are often time-consuming and expensive. One option is an action for defamation, which may be particularly appropriate where the party making the defamatory statements is a business competitor hoping to undermine the targeted business by posting unflattering comments about its business practices. Such was the case in the Ansan Traffic v Valley Traffic litigation, the subject of this comment. Ultimately, the plaintiffs were awarded a total of $1.5 million for general, aggravated, and punitive damages, including $300,000 to the Ansan group of companies. Although this latter $300,000 general damages award was reportedly “the largest sum ever made to a corporation in B.C. for defamation [with] previous awards rang[ing] from $25,000—$150,000,” it may have been too low to be an effective deterrent.