Whether Charter damages could be an appropriate remedy concerns how to strike an appropriate balance to best protect two important pillars of our democracy: constitutional rights and effective government.
Whether Charter damages could be an appropriate remedy concerns how
Not exact matches
In City of Vancouver v. Alan Cameron Ward (Case No. 33089), the Court has been asked to determine
whether damages are available as a remedy under s. 24 (1) when a
Charter breach was not accompanied by a tort, did not result in loss to the plaintiff, or was not the product of bad faith.
That case dealt with
whether damages could be ordered for a breach of rights under the Canadian
Charter of Rights and Freedoms.
We will argue that individuals who go to the Human Rights Tribunal of Ontario because of discrimination they've faced under a government policy should be granted
damages for the harms they suffer, regardless of
whether damages would have been granted under the
Charter.
MSC KALINA (2014): Assessment of
damages for loss of use following a collision where one vessel in the fleet is out of service during repair and commitments are met by other vessels in the fleet;
whether demise
charter hire payable in respect of the
damaged vessel is claimable.
At issue before the Supreme Court was
whether the immunity clause in s. 43 of the Alberta Energy Resources Conservation Act had the effect of barring her claim for
Charter damages.
The parties then asked the arbitrator to determine,
whether the
damages sustained by the owners should be measured by reference to the full term of the
charter or only up to the date on which such cancellation would have taken place.
(3) Did the application judge err in awarding
Charter damages without giving the Attorneys General an opportunity to make submissions on
whether damages were an appropriate and just remedy?