Sentences with phrase «for aggravated damages»

We suspect the relatively large award for aggravated damages contained a punitive component.

Justice Laskin refused to reduce the $ 200,000 for aggravated damages against the employer or remove it on the basis of double recovery.

No significant analysis is provided to explain the departure from the established range for the aggravated damages.

These considerations show that Wal - Mart's own conduct justified a separate and substantial award for aggravated damages.

With respect to the appeal by Wal - Mart, the court again declined to interfere with the jury's award of $ 200,000 for aggravated damages.

«The Supreme Court case made the test for aggravated damages much easier,» Will says.

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

Nevertheless, a $ 30,000.00 award was issued to Lau for aggravated damages.

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 employment.

Justice Stinson awarded $ 50,000 for general damages (based on evidence of psychological and emotional harm), $ 25,000 for aggravated damages, and $ 25,000 for punitive damages.

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.

The Court of Appeal allows the appeal on the second ground (finding it unnecessary to «deal with» palpable and overriding error (See para. 3)-RRB-, sets aside the award for aggravated damages.

The plaintiff's claims for aggravated damages were rejected, because Google did have legitimate legal issues to raise with the web text results that they wanted to advance.

The second point to make is this court's insistence in this case on the need for medical evidence to substantiate a claim for aggravated damages.

Half the award is for aggravated damage, also calculated according to the statute.

Aggravated damages are awarded to compensate for aggravated damage.

Not exact matches

The following items were taken from Orland Park police reports: Orland Park An 18 - year - old Orland Park man is charged with battery, and two younger teens have been petitioned into juvenile court for aggravated battery after an attack on an Orland Park teen suspected of damaging the 18 - year - old's sister's car.

An 18 - year - old Orland Park man is charged with battery, and two younger teens have been petitioned into juvenile court for aggravated battery after an attack on an Orland Park teen suspected of damaging the 18 - year - old's sister's car.

The plaintiffs are also seeking «damages, including aggravated damages for libel contained in the defendants» publications indorsed on the writ of summons by way of an attachment and particularized in paragraphs 5 and 6 above» and «cost, including lawyer's fees».

He is also demanding in his Statement of Claim: «Exemplary and / or aggravated damages for libel contained in the defendants» publications...»

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.

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.

The employee commenced a civil action for wrongful dismissal, claiming aggravated and punitive damages and damages for intentional infliction of mental shock.

Although it was a stressful and aggravating situation, there was no physical injury, and recent California case law makes it clear that without actual physical injury, you can not recover damages for pain, suffering and / or emotional distress.

Mr. Sbaraglia also sought to add a claim for punitive and aggravated damages.

This would be the only way to protect those claims for aggravated and punitive damages that would be eventually borne out by the evidence.

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.

On the one hand, the court in Sbaraglia notes that claims for aggravated and punitive damages should not be made lightly.

If a defect in the car (or one of the car's components) causes or aggravates an injury, those companies can be held strictly liable for damages.

The Federal Court upheld a $ 185,000 award for punitive and aggravated damages to a 30 year employee who was subjected to harassing and threatening conduct by his employer's executive director and then wrongfully dismissed without notice or cause.

In general, an injury victim can not claim damages for injuries that they have aggravated through their own negligence.

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.

Ms. Strudwick sued her former employer in the Superior Court of Justice (the «Superior Court») for aggregate damages of approximately $ 240,000 for pay in lieu of notice, violations of the Human Rights Code, the intentional infliction of mental distress, the cost of fringe benefits, aggravated damages, and punitive damages to punish the employer for its conduct.

Notwithstanding the decision of the Supreme Court of Canada in Keays nearly a decade ago, the door appears to be nudging open for claims to either aggravated or punitive damages absent such evidence.

Justice Bourgeois awarded $ 30,000 in general damages for mental distress and $ 150,000 in aggravated damages, noting the impacts of National Life's bad faith had extended from its suspension of rehabilitation benefits to the week before trial when it had disclosed the IME.

He rejected McIntosh's claims for punitive and aggravated damages but did award her partial indemnity costs of $ 6,500.

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.

Second, the threshold for awarding aggravated damages is said to be quite high.

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.

Caution is warranted given the small number of cases in the 1973 - 83 data, but the data seem to suggest that it was much more common for courts to award aggravated damages in defamation cases between 2003 - 13 than between 1973 - 83.

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.

The judge did not enter into the debate about the relationship between aggravated damages and damages for mental distress; preferring instead to deal with them on an entirely separate basis.

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.

The trial judge also awarded Mr. Lau $ 30,000 in aggravated damages for the manner of dismissal.

If the accident aggravated your condition, you can recover for the increase in damage done by the accident.

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

The court also granted the defendant's motion for a directed verdict on the issue of aggravating circumstances damages.

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.

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.

There is nothing in the jury verdict that «shows» the jury's reasons for awarding aggravated damages.