Sentences with phrase «of aggravated damages»

Although the conduct of the defendant is relevant, the quantum of the aggravated damages should reflect the plaintiff's non-pecuniary loss.

However, punishment is not the purpose of aggravated damages.

An award of aggravated damages is not appropriate for trifling disturbances.

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.

``... unable to accept that the mere fact that the basic award includes an element to compensate for psychiatric harm necessarily precludes an award of aggravated damages.

The argument that where there has been a significant award for psychological injury there should be no, or a limited, award of aggravated damages — put forward in Goswell v Commissioner of Police for the Metropolis CA, 1998, unreported — has again been rejected.

Having heard argument the judge withdrew the question of aggravated damages from the jury.

Similarly, there was no basis to fault the trial judge for his award or quantification of aggravated damages.

If there was, this may go far to establishing that there was no malicious conduct on the part of the defendant warranting an award of aggravated damages.

Where actual malice is more useful in the Canadian context is in the award of aggravated damages,

With intentional torts, like sexual assault and battery, the purpose of aggravated damages is to compensate a plaintiff for the humiliating, oppressive, and malicious aspects of a defendant's conduct.

A carefully worded apology can not only help restore a victim's dignity, but may also counteract allegations of oppressive and malicious conduct and thus, the risk of an aggravated damages award.

Given the escalating nature of Morris» assaults of the plaintiff, the Court fixed general damages at $ 90,000, inclusive of aggravated damages.

The award of aggravated damages reflects that the defendant treated the plaintiff unfairly.

Aggravated damages will frequently cover conduct which could also be the subject of punitive damages, but the role of aggravated damages remains compensatory...

The refusal to update this information was used when assessing mitigation of damages and award of aggravated damages.

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 - 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).

It increased the amount of aggravated damages awarded while somewhat decreasing the original amount of common law notice, and increased the amount of punitive 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.

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.

Having made that finding, it was not open to the deputy judge to award the Respondent an amount by way of aggravated damages.

[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.

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).

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 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...»

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.

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.

Putting any kind of chemicals on your hair or scalp will damage its long term health and aggravate hair loss.

UVA rays aggravate the ruddiness associated with rosacea, which means preventing sun damage is critical; hats and the regular use of sunscreen are mandatory.

Repeated jumping into and out of a vehicle can aggravate or even cause serious conditions like arthritis, leg injuries, back sprains and other damage.

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.

Supporters of the idea of degrowth believe that it is precisely unrestrained consumption that aggravates social inequalities, not to mention irreversible damage to natural environment.

She urged an «urgent transformation» to greener production after top scientists warned on Monday that climate change would damage food supplies, slow economic growth and aggravate the underlying causes of armed conflicts.

I would hope that the courts would explore in depth the availability of aggravated, punitive, and exemplary damages, and, in appropriate cases, award them.

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

Adding allegations of aggravated and punitive damages did not amount to adding a new and distinct claim.

Ruling that allegations of aggravated and punitive damages are new and distinct claims would have placed insureds in a difficult position.

(Planning, slander by officer of Local Government, exemplary and aggravated damages, whether slander of Company Director is slander of the Company)

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 court sensibly found that allegations of aggravated and punitive damages are not new and distinct claims.

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.

Since they may have aggravated their injuries, their families may not be able to recover the full extent of any damages they have.

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.