Sentences with phrase «general damages awards for»

To offset the effects of this for claimants, general damages awards for personal injuries and other civil wrongs should be increased by 10 % (Chpt 10);

Long Lasting and Difficult to Eradicate: An Update on General Damages Awards for Chronic Pain in Alberta

You may receive compensation for physical, functional, or psychological loss: this is similar to a general damages award for «pain and suffering» in a tort claim.

General damage awards for employees who have been terminated from their employment in breach of the Human Rights Code generally range from $ 10,000.00 to $ 25,000.00.

General damage awards for pain and suffering are capped at CDN$ 300,000 in Canada.

Not exact matches

It is that general damages for distress are awarded in only two situations (i) where the claimant has suffered damage, presumably financial loss, and (ii) where the personal data have been processed for artistic purposes, literary purposes or the purposes of journalism.

In particular, compensation for economic loss occurring as a result of general legislative acts (such as the one in Achmea) is not easily forthcoming under EU law or national law, whereas in Achmea the tribunal awarded the claimant investor some 22 million euros in damages.

Natalya was also awarded $ 3,500 in general damages for breach of her human rights, as that is the amount that she sought in her application and the Tribunal did not agree to her proposed amendment at hearing to request more due to perceived prejudice to the employer.

He referred to the judge who prepared the guidelines for the assessment of general damages and quoted a remark saying that «in terms of personal injury claims, # 750 would nowadays be the minimum or very close to the minimum, award for the very slightest physical injury deserving of damages at all».

Having established all three potential forms of liability for defamation, Mr. Pritchard is awarded $ 50,000 in general damages and an additional $ 15,000 in punitive damages.

The court awarded $ 321,000 in general damages, $ 100,000 in special damages and home adaptation, $ 100,000 for the «in trust» claim, and $ 1,065,000 for loss of future earning capacity / loss of future earnings.

I was successful in securing an award for general damages, damages for loss of housekeeping capacity, damages for loss of income, special damages, and damages for the cost of future care.

Justice Bourgeois awarded $ 30,000 in general damages for mental distress and $ 150,000 in aggravated damages, noting the impacts of National Life's bad faith had extended from its suspension of rehabilitation benefits to the week before trial when it had disclosed the IME.

The average general damages award in 2003 - 13 is 2.4 times as high as that in 2003 - 13, which is similar to the size of the increase for total damages.

While the statutory cap on compensation for unfair dismissal has crept upwards (it is now # 63,500) the rules governing the award of damages for wrongful dismissal have remained, for the most part, not only stable but also consistent with the general principles of contract law.

However, if in the same car accident the plaintiff suffered burns, which resulted in multiple surgeries and months of prolonged physical therapy, the general damages would be awarded to compensate the victim for the pain and suffering that arose from the defendant's negligent or reckless action.

The Attorney General, 2017 ONSC 1333, the Court allowed an employee's claim against his employer and two superiors for the «tort of harassment» and awarded significant damages against the defendants as a consequence.

Because people's opinions vary widely regarding the dollar value of such items, awards for general damages can be inconsistent from case to case, although they generally fall within a certain range.

The plaintiff was awarded general damages of $ 100,000 in relation to harassment and intentional infliction of mental suffering and $ 41,000 in special damages for income lost due to career setbacks.

For example, if a plaintiff was in a car accident and only suffered minor injuries that could be treated by a short hospital stay, the jury would be hesitant to award general damages for pain and sufferiFor example, if a plaintiff was in a car accident and only suffered minor injuries that could be treated by a short hospital stay, the jury would be hesitant to award general damages for pain and sufferifor pain and suffering.

As a result, although the plaintiff was awarded $ 50,000 in general damages, nothing was awarded for loss of housekeeping capacity, costs of future care, and future loss of income or income earning capacity.

In the end, the court awarded the plaintiff $ 80,000, an amount at the high - end of the range of general damages, for pain and suffering.

Reid awarded the plaintiff $ 50,000 for general damages and $ 83,473 for economic loss, finding «the effects of the Form 1 application on Dr. X were serious and prolonged.

In doing so, the judge adopted the approach taken in Johal, and considered that loss of housekeeping capacity ought to be included in the award for general damages.

In my view, the transfer of non-pecuniary damages, the label for general damages for pain and suffering, and related loss of amenities, to the general calculation formula for PJI, will have a significant effect on damage awards, not only in future but also in pending cases.

Generally, the factors that courts look at in awarding general damages for pain and suffering are the nature of the acts, the duration of the abuse, the relationship between the perpetrator and the plaintiff, including any breach of trust, the age and vulnerability of the plaintiff and the impact on the survivor's life, including education and career.

The jury awarded the plaintiff $ 5,000,000 for pain and suffering and other general damages to the present, and $ 4,000,000 for pain and suffering and other general damages in the future.

For example, the plaintiff named Newman (a teacher and one of the main targets of the defamation) was awarded $ 150,000 general damages; another plaintiff was awarded $ 75,000 etc..

This recent decision should be an eye opener for employers, and it may be an indication that general damage awards that involve the issue of sexual harassment are on the rise.

The rational for awarding punitive damages is that the defendant's conduct was so reckless and grossly negligent, or so offensive, that the plaintiff should be awarded additional damages on top of the special and general damages to punish the defendant for its bad conduct.

A claim was brought on behalf of Mr X's estate for an award of general damages for his own pain and suffering and loss of amenity prior to his death, past financial losses including a significant award in respect of the care that had been provided to Mr X by his family over the course of his ill - health, together with funeral expenses and a significant award for financial and service dependency for his surviving family.

It's also worth noting that Texas law may have limits on the amount of recovery you may be entitled to in a personal injury claim depending on several factors, including limits established by the Texas Tort Claims Act for actions against governmental entities, punitive damage awards and general damages awards on Medical Malpractice claims, just to name a few.

The employee, who lost his job in the process, was awarded $ 7,500 in general damages for injury to dignity, in addition to loss of income.

The Court awarded the plaintiff $ 30,000 in human rights general damages for these violations.

So - called «general» or «non-economic» damages in civil claims where someone is killed are awarded based upon California Civil Jury Instruction 3921, which states that a jury must come up with a dollar figure value for the loss of, «love, companionship, comfort, care, assistance, protection, affection, society, moral support.»

In 2013, the Court in Wilson v. Solis Mexican Foods Inc., 2013 ONSC 5799 awarded the plaintiff $ 20,000 in general damages for an employment - related human rights violation, among other remedies.

Courdin v. Meyers, 2005 BCCA 91 - the jury awarded the claimant a total amount of $ 1,456,500.00 for injuries suffered in a rear - ended car accident, $ 950,000 for pain and suffering non-pecuniary general damages.

1 The Jury awarded the Plaintiff $ 15,000 in general damages for sustaining a minor soft - tissue injury.

Sulz v. Attorney General of Canada The British Columbia Supreme Court has awarded Nancy Sulz, a former RCMP officer, damages of nearly $ 1 million to compensate her for mental suffering arising from her supervisor's workplace misconduct.

The jury in this lieutenant's case awarded him $ 350,000 in general damages for emotional distress.

The appeal deals with whether a U.S. court has jurisdiction under the Alien Tort Statute to award civil damages for human rights abuses committed by Lt. Pedro Barrientos, a former member of General Augusto Pinochet's dictatorship, against deceased folk musician and political activist Victor Jara nearly 45 years ago in Chile.

The women were awarded between $ 5,000 and $ 20,000 as general damages for the breach of the Code for injury to dignity and self - worth.

The applicant submitted certain sexual harassment cases in argument which involved higher awards of general damages: see for example S.H v. M -LSB-...] Painting, 2009 HRTO 595 (CanLII), 2009 HRTO 595 (CanLII)($ 40,000), and Smith, supra (total of $ 50,000).

[132] In the circumstances, and following the principles set out in Stapley, I find that a reasonable award for general damages is $ 60,000.

I award the plaintiff general damages for defamation of $ 50,000.

[328] In the result, I find that the plaintiff's award for general damages should be based on the fact that her condition had improved and recovered to the stage that by March 4, 2005 he felt well enough to return to work on a gradual basis.

General damages are assessed by looking at Judicial College Guidelines and by looking at the level of compensation judges have awarded in court for similar injuries (case law).

Indeed, the largest award in British Columbia for a violation of privacy under the Privacy Act, so far was only $ 35,000 for punitive damages and $ 15,000 for general damages: (Malcolm v. Fleming, [2000] Carswell BC 1316, (B.C.S.C.) a case where the defendant, the plaintiff's landlord, installed a video camera in the plaintiff's apartment and recorded her in various stages of undress in her bathroom and bedroom).

General damages (money for pain and suffering and loss of enjoyment of life) were assessed at $ 65,000 and a further $ 80,000 was awarded for the Plaintiff's diminished earning capacity to reflect the fact that her chronic condition will likely effect her vocationally over her lifetime.

Justice Stinson awarded $ 50,000 for general damages (based on evidence of psychological and emotional harm), $ 25,000 for aggravated damages, and $ 25,000 for punitive damages.