Sentences with phrase «general damages award»

The appellant submits that the trial judge erred by awarding aggravated damages, which duplicated the general damages award and resulted in double counting.

Factors such as the broad nature of the allegations, how widely they were spread, and the reason the defamation was carried out, militated towards a significant general damages award.

In the alternative, they seek to reduce the quantum of the general damages award to $ 25,000.

You may receive compensation for physical, functional, or psychological loss: this is similar to a general damages award for «pain and suffering» in a tort claim.

The Court of Appeal considered «loss of research career» and «loss of reputation» as mixed components of Dr. Horne's general damages award.

The average general damages award in 2003 - 13 is 2.4 times as high as that in 2003 - 13, which is similar to the size of the increase for total damages.

Because of the finding that he lacked credibility his general damage award was significantly reduced.

The difference in total damages between the time periods is therefore largely due to a difference in general damages awards.

Under the proposed scheme, the MoJ would have skimmed off 25 per cent from general damages awarded to legally aided clients and used it to supplement the legal aid fund.

This recent decision should be an eye opener for employers, and it may be an indication that general damage awards that involve the issue of sexual harassment are on the rise.

It's also worth noting that Texas law may have limits on the amount of recovery you may be entitled to in a personal injury claim depending on several factors, including limits established by the Texas Tort Claims Act for actions against governmental entities, punitive damage awards and general damages awards on Medical Malpractice claims, just to name a few.

The employee could then ask a jury of her peers to award her a significant general damage award (potentially much greater than $ 150,000.00).

The Tribunal has been criticized in the past for its relatively small general damage awards.

General damage awards for employees who have been terminated from their employment in breach of the Human Rights Code generally range from $ 10,000.00 to $ 25,000.00.

The decision of the Tribunal, O.P.T. v. Presteve Foods Ltd., 2015 HRTO 675, gained prominence because of the Tribunal's high general damages awards of $ 150,000 and $ 50,000, respectively, to two sisters who were sexually assaulted by their employer.

While the Tribunal's record $ 150,000 general damage award caught the attention of human rights practitioners, the fact is that the award is less than the $ 155,000 in general damages awarded by the Court in Olympia.

General damage awards for pain and suffering are capped at CDN$ 300,000 in Canada.

Long Lasting and Difficult to Eradicate: An Update on General Damages Awards for Chronic Pain in Alberta

To offset the effects of this for claimants, general damages awards for personal injuries and other civil wrongs should be increased by 10 % (Chpt 10);

Not exact matches

The ruling «could result in some substantial damage awards,» said Gwendolyn H. Gregory, the deputy general counsel of the National School Boards Association.

It is that general damages for distress are awarded in only two situations (i) where the claimant has suffered damage, presumably financial loss, and (ii) where the personal data have been processed for artistic purposes, literary purposes or the purposes of journalism.

In particular, compensation for economic loss occurring as a result of general legislative acts (such as the one in Achmea) is not easily forthcoming under EU law or national law, whereas in Achmea the tribunal awarded the claimant investor some 22 million euros in damages.

Florida law requires that a non-economic damages award must be reasonably related to both the facts of a case and the general trend in similar cases.

Natalya was also awarded $ 3,500 in general damages for breach of her human rights, as that is the amount that she sought in her application and the Tribunal did not agree to her proposed amendment at hearing to request more due to perceived prejudice to the employer.

'' «Punitive damages: If you have found that plaintiff is entitled to general damages, you must then consider whether to award punitive damages.

Punitive damages may be awarded to the plaintiff in addition to general damages to punish wrongdoers and to discourage wanton misconduct.

Justice Faieta awarded $ 15,000 in general damages and $ 15,000 in aggravated damages due to the anguish the Plaintiff suffered.

He referred to the judge who prepared the guidelines for the assessment of general damages and quoted a remark saying that «in terms of personal injury claims, # 750 would nowadays be the minimum or very close to the minimum, award for the very slightest physical injury deserving of damages at all».

Having established all three potential forms of liability for defamation, Mr. Pritchard is awarded $ 50,000 in general damages and an additional $ 15,000 in punitive damages.

The court awarded $ 321,000 in general damages, $ 100,000 in special damages and home adaptation, $ 100,000 for the «in trust» claim, and $ 1,065,000 for loss of future earning capacity / loss of future earnings.

I was successful in securing an award for general damages, damages for loss of housekeeping capacity, damages for loss of income, special damages, and damages for the cost of future care.

In general commercial litigation, the courts may consider a number of factors before awarding lost profits, such as causation, mitigation, reasonable certainty, speculation, and whether or not the damages are foreseeable.

By being diligent with documentation, injured parties can improve the likelihood that they'll be awarded general damages based upon a higher multiplier.

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.

Thus far I have been considering only total damages awards, but some interesting trends are worth noting with regard to general, aggravated, punitive and special damages.

In every case in which there was an award of damages, there was an award of general damages.

While the statutory cap on compensation for unfair dismissal has crept upwards (it is now # 63,500) the rules governing the award of damages for wrongful dismissal have remained, for the most part, not only stable but also consistent with the general principles of contract law.

The Tribunal awarded the Applicant $ 22,000 in general damages.

The court would likely award no more than two times the general and specific damages.

However, if in the same car accident the plaintiff suffered burns, which resulted in multiple surgeries and months of prolonged physical therapy, the general damages would be awarded to compensate the victim for the pain and suffering that arose from the defendant's negligent or reckless action.

The Attorney General, 2017 ONSC 1333, the Court allowed an employee's claim against his employer and two superiors for the «tort of harassment» and awarded significant damages against the defendants as a consequence.

Because people's opinions vary widely regarding the dollar value of such items, awards for general damages can be inconsistent from case to case, although they generally fall within a certain range.

More often than not the jury will award higher general damages to plaintiffs who have been through a severe trauma.

The plaintiff was awarded general damages of $ 100,000 in relation to harassment and intentional infliction of mental suffering and $ 41,000 in special damages for income lost due to career setbacks.

A Massachusetts judge awarded double damages under Massachusetts General Laws, Chapter 93A, against Attorney David Driscoll of Salem, Massachusetts.

For example, if a plaintiff was in a car accident and only suffered minor injuries that could be treated by a short hospital stay, the jury would be hesitant to award general damages for pain and suffering.

As a result, although the plaintiff was awarded $ 50,000 in general damages, nothing was awarded for loss of housekeeping capacity, costs of future care, and future loss of income or income earning capacity.

So when calculating the punitive damages, the court must take into account both the general and special damages awarded.

In total, the plaintiff was awarded $ 50,000 in general damages, $ 25,000 in aggravated damages and $ 25,000 in punitive damages.

In the end, the court awarded the plaintiff $ 80,000, an amount at the high - end of the range of general damages, for pain and suffering.