2. It Acts as a Supercharger for Aggravated Damages
In Canada, if a plaintiff wins a defamation suit, the financial penalties are heavily influenced by how the defendant behaved after making the statements.
Aggravated damages are awarded if the defendant’s post-statement conduct inflicts extra humiliation, anxiety, and distress on the plaintiff.
- Under the legal principle known as the "Thin Skull Rule," a defendant must take their victim as they find them. You are legally responsible for the specific impact your actions have on the plaintiff.
- Stress and anxiety are well-known triggers that can severely exacerbate the physical symptoms and tics associated with Tourette’s syndrome. By subjecting the plaintiff to public physical intimidation, you are actively triggering a medical condition and causing heightened physiological and emotional distress. The financial payout for aggravated damages will heavily reflect this.