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.
Not exact matches
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).
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.
These types of
damages (
aggravated and punitive
damages) will not be awarded simply because an employer asserts or continues to assert
at trial, that it has cause for termination.
[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.
If there is unfair conduct
at the time of termination, such as unfair allegations of serious wrongdoing, a claim may be made for «
aggravated damages».
It found that RTE was 35 % responsible and Mr. Costello was 65 % responsible for the defamation and assessed
damages at $ 10,000, with no
aggravated damages.
The article looks
at whether the Ontario courts are increasingly using punitive
damages as a vehicle to award former employee's compensation for «bad faith» employer conduct in dismissal, as
aggravated damages (arguably the more appropriate vehicle) are more difficult to attain.
Given the escalating nature of Morris» assaults of the plaintiff, the Court fixed general
damages at $ 90,000, inclusive of
aggravated damages.
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.
Both appellants (Austin and Saxby) claimed
damages for distress and also
aggravated and exemplary
damages,
at common law in the tort of false imprisonment and under the Human Rights Act 1998, s 7 for alleged unlawful detention, contrary to their Art 5 Convention rights, essentially arguing that they should have been released from the police cordon much earlier than they were.
That's because with
aggravated damages, the victim is em - powered to seek or not seek such
damages; Type II errors are more likely, since the victim - vindication model doesn't purport to restrict the plaintiff from either forbearing from seek - ing punitive
damages or to settle
at an amount lower than what is necessary to signal to the defendant to forbear from such misconduct in the future.
Reasons for judgement were released last week by the BC Supreme Court, New Westminster Registry, assessing
damages for a shoulder injury caused by a motor vehicle collision and subsequently
aggravated by an
at - work incident.
The court took the view, as in Goswell, that while
damages for psychological injury did partly compensate the appellant, for the after - effects of her ordeal, they did not fully compensate her for humiliation she had suffered
at the time of the incident — an important factor for counsel to consider when pleading both
aggravated damages and psychological injury.
[22] The respondent's conversation with the employee
at the paint store in which he concealed the real reason for the
damage to his vehicle is an
aggravating factor.