Sentences with phrase «aggravated damages»

"Aggravated damages" refer to additional compensation awarded to a person who has experienced high levels of distress or humiliation due to the defendant's actions, which go beyond normal compensatory damages. These damages aim to acknowledge the harm caused by the defendant's behavior and ensure the injured party receives appropriate compensation. Full definition
in any event, there was no evidentiary foundation for an award of aggravated damages in this case.
Will says there is no shortage of case law demonstrating judges» willingness to deny a claim for aggravated damages for lack of evidence.
It increased the amount of aggravated damages awarded while somewhat decreasing the original amount of common law notice, and increased the amount of punitive damages.
According to the 2006 trial decision in Rowe v. Unum Life Insurance Co. of America, courts have ordered between $ 10,000 and $ 50,000 in aggravated damages for mental distress in LTD actions.
Justice Laskin refused to reduce the $ 200,000 for aggravated damages against the employer or remove it on the basis of double recovery.
Mr. Lau sued for wrongful dismissal, as well as aggravated damages for the manner in which he was dismissed.
Having heard argument the judge withdrew the question of aggravated damages from the jury.
If aggravated damages are to be awarded, there must be a finding that the defendant was motivated by actual malice: Hill, supra, at para. 190.
[22] Considering and weighing all the evidence, the trauma that the plaintiff experienced, the permanent damage to his eye which causes him to suffer on occasion from double vision and is suffering from Post-Traumatic Stress Disorder («PTSD») and is at an increased risk of anxiety and depresic disorder, I am satisfied that an appropriate award including aggravated damages is the sum of $ 50,000.
The problem with aggravated damages relates to their tendency to overlap with general damages and punitive damages, creating the risk of overcompensation.
Two recent B.C. court cases illustrate the type of evidence employees will need to produce to establish a claim for aggravated damages related to the termination of their employment.
In Honda Canada Inc. v. Keays, the Supreme Court of Canada affirmed the ability of employees to seek aggravated damages in addition to pay in lieu of termination notice (common law or contractual).
The award of aggravated damages reflects that the defendant treated the plaintiff unfairly.
However, Will says significant aggravated damages awards are still likely to be appealed by insurers.
We suspect the relatively large award for aggravated damages contained a punitive component.
While aggravated damages might encourage lawyers to fer - ret out evidence of a defendant's state of mind, they would fail to do much for the public's interest in retributive justice.
Aggravated damages compensate a claimant for intangible injuries, such as distress and humiliation, which are caused by a defendant's conduct.
The addition of refined carbohydrates including bread, white rice and pasta only aggravates the damage process.
Justice Faieta awarded $ 15,000 in general damages and $ 15,000 in aggravated damages due to the anguish the Plaintiff suffered.
Conduct justifying aggravated damages must be «reprehensible or outrageous», «particularly high - handed or oppressive», and «rub [bing] salt into the wound».
Interestingly, however, in the later period there were many more aggravated damages awards relative to the total number of cases in which an award was made: 56/196.
Unlike aggravated damages, increased reasonable notice does not require corresponding mental distress.
Citing principles from Wallace v. United Grain Growers Ltd., 1997 CanLII 332 (SCC) and Honda Canada Inc. v. Keays, 2008 SCC 39 (CanLII), the Court of Appeal found that, to receive aggravated damages based on mental distress, an employee is required to demonstrate the manner of dismissal caused injury rising beyond the «normal distress» and «hurt feelings» which ordinarily accompany a dismissal for cause.
The jury award of aggravated damages showed their appreciation of the evidence that the term is even more devastating when applied to a lawyer and law professor.
An award of aggravated damages requires proof that the daughter was motivated by actual malice, which was not hard to find.
Ultimately, aggravated damages depend on a case by case assessment, including the evidence, the circumstances surrounding the termination, and the mercy of the court.
[134] Aggravated damages are not in order, but given the seriousness of the allegations and the extent of the harm suffered, a significant award of general damages is.
The trial judge found no bad faith on the part of the insurer, but awarded Ms. Fidler aggravated damages of $ 20,000 for mental distress resulting from Sun Life's breach of the group disability contract.
Plaintiffs can't expect to collect aggravated damages against insurers without leading evidence to support the claim, says Toronto personal injury lawyer Gary Will.
«The Supreme Court case made the test for aggravated damages much easier,» Will says.
The family court judge stated in the Montgomery case that the trust inherent in a domestic relationship, when breached by one partner deliberately harming the other, should be likewise recognized in family law through an elevated aggravated damage award.
A teacher who faced sex discrimination and victimisation has won the right to aggravated damages where the conduct of the employer caused further offence.
The court considered and ruled on: whether aggravated damages, which are purely compensatory, are appropriate where there has already been an award for psychological damage; whether exemplary damages should be awarded; and whether chief constables are vicariously liable for the actions of their officers.
And governments aggravate the damage and misery law societies cause by not providing sufficient resources to the justice system.
NatWest had already offered Tom Brennan # 3,000 but he was seeking aggravated damages at the City of London County Court for stress and exemplary damages for «deliberate, malicious or negligent» behaviour.
The Saskatchewan Court of Appeal In Branco v. American Home Assurance Company et al. has provided greater detail and clarity in relation to punitive damage awards as well as awards for mental distress, previously referred to as aggravated damages, in long term disability claims.
The plaintiff averred that having regard to the nature of the libel, the wider publication of the offending statements and posting same on Internet, and having done it maliciously and failure to apologise to him when requested to do so, he is entitled to aggravated damages from the defendants.
The jury found for the plaintiff and awarded 20 weeks salary in damages, the amount specified in her employment contract, $ 200,000 in aggravated damages against the employer for the manner of dismissal, and $ 1,000,000 in punitive damages.
As with aggravated damages, the threshold for awarding punitive damages is high.
A recent decision of the BC Supreme Court provides valuable insight into the manner in which aggravated damages will be awarded to employees, and reinforces the significance of conducting thorough investigations before terminating an employee for cause.
In some cases, if an insurer's conduct is egregious or heavy handed, a Court could award punitive or aggravated damages against the insurer.
What is less clear is how a trial judge should properly instruct a jury to explain how large compensatory and aggravated damages contain a punitive element, thereby diminishing the need for significant punitive damages, without inadvertently suggesting what the appropriate quantum should be.
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