Sentences with phrase «as aggravated damages»

As aggravated damages are considered part of compensatory damages they are subject to the Andrews - cap, whereas punitive damages are not.

Counsel for the defendant submitted that as aggravated damages were purely compensatory and the complainant had already received an award for psychological injury, there should be no award of aggravated damages because this would in effect duplicate compensation.

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.

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.

Not exact matches

As a result, the entire northern portion of Honshu, Japan's largest island, moved about 1 meter toward the east, with one site near the temblor's epicentre sliding 5.4 meters horizontally and sinking 1.1 meters — a sudden subsidence that aggravated the damage from the tsunami that slammed the shore minutes later.

As if that weren't enough, the makeup you use to look your best can also cause damage, clogging pores and aggravating your face with parabens, fragrances, dyes, sulfates, and all those other «- ates.»

The kidney damage that often occurs after that aggravates the situation as it often has the same blood calcium lowering effect as any form of sudden kidney destruction.

The guidelines highlight aggravating factors such as inciting others to join in the violence as well as other factors such as damage to local communities and injuries to emergency services workers.

[1] The altered records case may, however, pose a risk to recovery, as some insurers, recognizing the likelihood of aggravated damages awards, may withdraw coverage.

The trial judge's findings on the claim for punitive damages undermine the finding of conduct that was sufficiently egregious as to give rise to a claim of aggravated damages.

The defendant employer appealed the award of aggravated damages given by the deputy judge, arguing that she erred in law when she awarded aggravated damages when there was no finding by the deputy judge that the employer had conducted itself in a manner that was unfair or in bad faith when it terminated Mr. Walker such as to justify an award of aggravated damages; and furthermore, there was no evidence, in any form, to show that the Respondent suffered any actual damages as a result of his termination.

I will call the new and unified approach to damages for mental distress and the conduct of dismissal, emanating from this decision, as «Keays damages» — which will replace the former Wallace damages and aggravated damages.

The employee had also claimed additional amounts for aggravated and punitive damages, as Pacific Coast Terminals breached its duty of good faith and fair dealing in the manner of dismissal.

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 compensate a claimant for intangible injuries, such as distress and humiliation, which are caused by a defendant's conduct.

Elgert was awarded 24 months» salary in lieu of notice as well as damages in the amounts of $ 60,000 for defamation, $ 200,000 in aggravated damages and $ 300,000 in punitive damages.

Punitive damages were distinguished from aggravated damages by the Court in Vorvis v. Insurance Corp. of British Columbia2 as follows:

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.

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 means that employees do not have to accept their termination and seek their remedy exclusively by way of pay in lieu of reasonable notice plus, perhaps, aggravated damages as is the case in non-Code-related discrimination cases.

When aggravating factors are involved in a claim such as alcohol, drugs or use of a cell phone while driving, we may pursue a claim for punitive damages.

The lack of intent did not warrant an award of aggravated and punitive damages, as well as damages for the intentional infliction of mental suffering.

Mr. Lau relies on the «horrible feeling» and feeling «lost» as grounding an award for aggravated damages.

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.

Depending on the particular facts and on the forum, the monetary awards compensate the victim for: past and future wage loss; general damages (compensation for pain and suffering); specific losses, such as intentional infliction of mental suffering or assault; aggravated damages (in the context of employment law, often relating to the manner in which the employer dismissed the employee); and punitive damages (a monetary award intended to punish the wrong - doer rather than to compensate the victim).

These aggravated damages would go to the plaintiff as compensation for uncompensated dignity harms (separate and apart from pain and suffering).

Tort claims are meant to compensate you for your pain and suffering (general damages), past and future loss of income, loss of competitive advantage in the workplace, future care costs not covered by accident benefits, loss of enjoyment of life, special damages like your out - of - pocket expenses, aggravated damages, punitive damages, and any other damages which you sustained as a result of your car accident.

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.

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.

[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].

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).

[23] Accordingly, the sentencing judge erred in principle in failing to consider as aggravating the respondent's attempt to conceal the real cause of damage to his vehicle.