Sentences with phrase «aggravated damages where»

A teacher who faced sex discrimination and victimisation has won the right to aggravated damages where the conduct of the employer caused further offence.

Not exact matches

Even Metroid Prime 3 had moments where I'd become aggravated that the Nunchuk couldn't sense that I had flicked it to rip an enemy's shield off, causing me to take needless damage in the game.

It is absent from the most recent edition of Black's law dictionary, and it generated but one result in a CanLII search — a passing but telling reference in the Awan v. Levant, 2014 ONSC 6890, a decision from November 2014 where Ezra Levant was ordered to pay general and aggravated damages for libel totaling $ 80,000.

In certain cases, where there has been a significant departure from the standards of good faith, you may be entitled to an award of aggravated or punitive damages.

A recent Supreme Court of British Columbia decision reveals that an award for aggravated and / or punitive damages is not automatic where termination for cause is not justified and upheld by the court.

As seen in this case, steep awards of aggravated and / or punitive damages can possibly be avoided where an employer conducts itself in a fair manner when it comes to employee investigations and terminations.

Aggravated damages are intended to compensate for employer bad faith conduct in the course of termination, where that conduct causes the terminated employee to suffer damages, usually in the form of mental distress.

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.

Aggravated damages: Awarded to compensate for intangible injuries, such as mental distress or where it can be shown that there was a wrong committed that was separate from the dismissal itself and aggravated the employee's harm asAggravated damages: Awarded to compensate for intangible injuries, such as mental distress or where it can be shown that there was a wrong committed that was separate from the dismissal itself and aggravated the employee's harm asaggravated the employee's harm as a result.

-- Tl» azt» en First Nation v. Joseph, 2013 FC 767, where the Federal Court upheld $ 85,000 in aggravated and $ 100,000 in punitive damages in a wrongful dismissal suit.

Since then, Canadian courts have become more open to (but still very cautious about) awarding aggravated damages in situations where employment contracts have been breached, which in turn caused mental anguish or distress to the employee.

Where intrusion upon seclusion is found, damages can be awarded up to $ 20,000, absent aggravated or punitive damages.

Where actual malice is more useful in the Canadian context is in the award of aggravated damages,

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.

The argument that where there has been a significant award for psychological injury there should be no, or a limited, award of aggravated damages — put forward in Goswell v Commissioner of Police for the Metropolis CA, 1998, unreported — has again been rejected.

Where the employer is not liable for sizable compensatory and aggravated awards, as in Whiten, punitive damages may still play a significant role in deterrence of future conduct.

One thing is for sure, where there is egregious conduct, insurers should be aware there will be significant aggravated and punitive damages awarded.