Justice Laskin refused to reduce the $ 200,000 for
aggravated damages against the employer or remove it on the basis of double recovery.
However, Justice Hoy's dissent did believe
the aggravated damages against the employer were excessive and would have reduced it to $ 25,000,
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 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.
In some cases, if an insurer's conduct is egregious or heavy handed, a Court could award punitive or
aggravated damages against the insurer.
According to the Minister in a suit number 6 / 577/2016, filed at the High Court of the federal Capital territory in the Abuja Judicial Division, is seeking among others, payment of an aggravated damages to the tune of N3billion, (N2 billion against Lere Olayinka, the first defendant and another N1bilion
aggravated damages against Dr Omotoso, the second defendant).
Not exact matches
Dearden threatened that the presence of members of the public at the hearing would be used for «malice purposes and
aggravated damages and punitive
damages»
against the defendant.
Mr. Papp subsequently brought a claim
against Stokes for wrongful dismissal, where he sought: (a) $ 65,000 in
damages for wrongful dismissal; (b) $ 500,000 in
damages for defamation; (c) $ 200,000 in punitive, exemplary and
aggravated damages; and (d) $ 30,000 in
damages for intentional infliction of mental suffering.
One need only compare that
against the recent case of Boucher v. Wal - Mart Canada Corp., 2014 ONCA 419 (CanLII), summarized by this blog in the post Wal - Mart Rolls Back Award of Punitive
Damages, which must now be considered the high - water mark for aggravated damages for bad behaviour in empl
Damages, which must now be considered the high - water mark for
aggravated damages for bad behaviour in empl
damages for bad behaviour in employment.
The RFP states that ICBC will require that lawyers retained to act as part of a legal team for ICBC decline to act
against it in bringing actions which include allegations of bad faith or claims for punitive,
aggravated or exemplary
damages.
The jury also awarded her
damages of $ 1,200,000
against Wal - Mart, made up of $ 200,000 in
aggravated damages for the manner in which she was dismissed, and $ 1,000,000 in punitive
damages.
[117] Unlike my colleague, I am strongly of the view that from the charge as a whole, the jury would reasonably have understood that they were to take [the manager]'s conduct into account in assessing
aggravated or mental distress
damages against [the employer], whether or not they awarded
damages against [the manager] for intentionally inflicting mental stress on [the employee].
This case attracted the attention of everyone in the insurance industry due to the high awards: a total of $ 450,000 in
aggravated and $ 4.5 million in punitive
damages were awarded
against AIG (American Home Assurance) and Zurich Life Insurance Co. Ltd..
The contentious area of
aggravated and exemplary
damages as they relate to actions
against the police have been clarified by the recent ruling by the Court of Appeal in Rowlands v Chief Constable of Merseyside Police [2006] EWCA Civ 1773, [2006] All ER (D) 298 (Dec).
The court considered submissions made on behalf of the defendant that it should now be recognised that it is wrong in law to award exemplary
damages relying on the speech of Lord Scott in Kuddus v Chief Constable of Leicestershire Constabulary [2001] UKHL 29, [2001] All ER (D) 30 (Jun), and considered the arguments for and against the award of exemplary damages put out in some detail in the Law Commission's Report on Aggravated, Exemplary and Restitutionary Damages (1997)(Law Com N
damages relying on the speech of Lord Scott in Kuddus v Chief Constable of Leicestershire Constabulary [2001] UKHL 29, [2001] All ER (D) 30 (Jun), and considered the arguments for and
against the award of exemplary
damages put out in some detail in the Law Commission's Report on Aggravated, Exemplary and Restitutionary Damages (1997)(Law Com N
damages put out in some detail in the Law Commission's Report on
Aggravated, Exemplary and Restitutionary
Damages (1997)(Law Com N
Damages (1997)(Law Com No 247).