Putting itself in the position of the jury and taking into account the relevant authorities, the court awarded # 6,000
in aggravated damages.
The court in McIntyre v. Grigg reviewed a jury award of $ 250,000 in general damages, $ 100,000
in aggravated damages and $ 100,000 in punitive damages.
Another LTD trial decision in Ontario, Clarfield v. Crown Life Insurance Co. in 2000, awarded $ 75,000
in aggravated damages, but that seems to have included $ 40,000 for financial losses.
According to the 2006 trial decision in Rowe v. Unum Life Insurance Co. of America, courts have ordered between $ 10,000 and $ 50,000
in aggravated damages for mental distress in LTD actions.
The jury also awarded her damages of $ 1,200,000 against Wal - Mart, made up of $ 200,000
in aggravated damages for the manner in which she was dismissed, and $ 1,000,000 in punitive damages.
Justice Stinson awarded $ 50,000 in compensatory damages, $ 25,000
in aggravated damages and a further $ 25,000 in punitive damages along with interest and costs.
The jury found for the plaintiff and awarded 20 weeks salary in damages, the amount specified in her employment contract, $ 200,000
in aggravated damages against the employer for the manner of dismissal, and $ 1,000,000 in punitive damages.
The father was also awarded $ 50,000
in aggravated 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.
In total, the plaintiff was awarded $ 50,000 in general damages, $ 25,000
in aggravated damages and $ 25,000 in punitive damages.
The trial judge also awarded Mr. Lau $ 30,000
in aggravated damages for the manner of dismissal.
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.
Justice Faieta awarded $ 15,000 in general damages and $ 15,000
in aggravated damages due to the anguish the Plaintiff suffered.
The two lawyers are pursuing $ 20 million in special damages, $ 1 million in general damages, $ 500,000
in aggravating damages and $ 500,000 in punitive damages.
Not exact matches
Swelling
in the knee indicates a joint which is
aggravated and may have multiple forms of internal
damage including a kneecap dislocation, ligament tear, or fracture.
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...»
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).
These stroke - related alterations
in the cervical spinal cord indicate pervasive and long - lasting BSCB
damage that would severely affect spinal cord function, wrote the researchers, adding that the widespread microvascular impairment
in the gray and white matter of the cervical spinal cord
aggravated motor neuron deterioration and had the potential to cause motor dysfunction.
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.
I would hope that the courts would explore
in depth the availability of
aggravated, punitive, and exemplary
damages, and,
in appropriate cases, award them.
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 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.
The probability of wrongful convictions is increased by increasing numbers of defendants
in the courts without lawyers, which is due to: (a) very poor government funding of legal aid programs; and, (b) law societies» failure to attempt to solve the unaffordable legal services problem — the one
aggravates the
damage done by the other.
The jury also awarded $ 1.45 million
in aggravated and punitive
damages:
[20]
In this case, the Respondent's failure to present any evidence, medical or otherwise to substantiate his claim to
aggravated damages is fatal to his claim.
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.
Ruling that allegations of
aggravated and punitive
damages are new and distinct claims would have placed insureds
in a difficult position.
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.
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.
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.
In general, an injury victim can not claim
damages for injuries that they have
aggravated through their own negligence.
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.
The punitive and
aggravated damages were found to be appropriate
in light of the employer's «deliberate, despicable, and deceitful treatment» of the employee.
First,
aggravated damages are controversial
in an of themselves.
In the 2003 - 13 data, no significant difference was found between the frequency of
aggravated damages awards to human (29 % of cases) versus corporate plaintiffs (28 % of cases).
The employees seek to recover $ 20 million
in unpaid wages and severance plus
aggravated and punitive
damages of $ 10 million.
The fact that
aggravated damages are awarded
in 29 % of 2003 - 13 cases is arguably problematic.
This is interesting not only because of the difference, but because of the relatively high percentage of cases
in the later period that had an award of
aggravated damages: 29 %.
In the 2003 - 2013 cases, the average aggravated damages award (again, only among cases in which aggravated damages were awarded) was lower — $ 30,560 — but that is effectively meaningless, given that there were only two awards in 1973 - 8
In the 2003 - 2013 cases, the average
aggravated damages award (again, only among cases
in which aggravated damages were awarded) was lower — $ 30,560 — but that is effectively meaningless, given that there were only two awards in 1973 - 8
in which
aggravated damages were awarded) was lower — $ 30,560 — but that is effectively meaningless, given that there were only two awards
in 1973 - 8
in 1973 - 83.
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.
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 were seldom explicitly awarded
in 1973 - 83 (
in two cases only, out of 88
in which
damages were awarded) but when they were awarded, the amount tended to be high: $ 55,351 and $ 27,539.
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.
If the accident
aggravated your condition, you can recover for the increase
in damage done by the accident.
Following an appeal by Home Hardware the
aggravated damages were set aside and the punitive
damages were reduced to $ 75,000 however, the notice award and defamation
damages in the amount of $ 60,000 were upheld.
There is nothing
in the jury verdict that «shows» the jury's reasons for awarding
aggravated damages.