I think that you are reading from what is referred to as the "head-note" at the beginning of the report of the case. That is a summary written by the editors of the reporting service, not the decision itself. And the paragraph you underlined earlier was merely the second paragraph in the two paragraph summary of Justice Major's dissenting opinion.

And are we misunderstanding each other about the meaning of the word "sentence". As this is a private law case, there is no "sentence" involved in the decision - by "sentence" I thought you meant what Wikipedia defines to as: "A sentence is a grammatical unit consisting of one or more words that that are grammatically linked. A sentence can include words grouped meaningfully to express a statement, question, exclamation, request, command or suggestion."

The other factor that may be complicating matters is that in Canadian law in general, there is a real reluctance to give compensation for "embarrassment" or hurt feelings - generally there is only compensation for economic loss or physical damage to person or property.