February 14, 2014
Trout Point Lodge Ltd. v. Handshoe, 2014 NSSC 62
In December 2011 the plaintiffs obtained default judgment against Doug Handshoe for defamation and other claims. The defamatory comments originated with a news story which was published in the Louisiana Times Picayune newspaper, about a local politician, alleged to be involved in a corruption scandal.
After the original story was retracted by the newspaper Handshoe continued to defame the plaintiffs on his blog after he was served with a notice of action and after default judgment was made against him. An injunction was also granted by Justice Hood, in 2012, after he found that “there has been no retraction or apology but a continued campaign of defamation against these plaintiffs and homophobic comments about their sexual preferences.”
The second action was for a further assessment of damages based on the fact that Handshoe “continued to defame the applicants notwithstanding the injunction” granted them in 2012. Justice Coady found he was “satisfied that the applicants are entitled to additional damages as a result of Mr. Handshoe’s defamation.”
Coady J. was also “amply satisfied that Mr. Handshoe’s conduct meets the test for additional aggravated damages.”