Not exact matches
This
damage may be
aggravated by boxing gloves since they add weight and thus energy to punches, causing
more rotational acceleration.
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 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.
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 actual malice is
more useful in the Canadian context is in the award of
aggravated damages,
That's because with
aggravated damages, the victim is em - powered to seek or not seek such
damages; Type II errors are
more likely, since the victim - vindication model doesn't purport to restrict the plaintiff from either forbearing from seek - ing punitive
damages or to settle at an amount lower than what is necessary to signal to the defendant to forbear from such misconduct in the future.