Sentences with phrase «on general damage awards»

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

Not exact matches

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.

Reid awarded the plaintiff $ 50,000 for general damages and $ 83,473 for economic loss, finding «the effects of the Form 1 application on Dr. X were serious and prolonged.

In my view, the transfer of non-pecuniary damages, the label for general damages for pain and suffering, and related loss of amenities, to the general calculation formula for PJI, will have a significant effect on damage awards, not only in future but also in pending cases.

Generally, the factors that courts look at in awarding general damages for pain and suffering are the nature of the acts, the duration of the abuse, the relationship between the perpetrator and the plaintiff, including any breach of trust, the age and vulnerability of the plaintiff and the impact on the survivor's life, including education and career.

Applying case law: On May 22, 2015, in the matter of O.P.T. v. Presteve Foods Ltd., an employee was awarded $ 150,000.00 in general damages.

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.

The rational for awarding punitive damages is that the defendant's conduct was so reckless and grossly negligent, or so offensive, that the plaintiff should be awarded additional damages on top of the special and general damages to punish the defendant for its bad conduct.

A claim was brought on behalf of Mr X's estate for an award of general damages for his own pain and suffering and loss of amenity prior to his death, past financial losses including a significant award in respect of the care that had been provided to Mr X by his family over the course of his ill - health, together with funeral expenses and a significant award for financial and service dependency for his surviving family.

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.

Ct.), where the court stated ``... there is no ceiling on awards of general damages under the Code...».

[328] In the result, I find that the plaintiff's award for general damages should be based on the fact that her condition had improved and recovered to the stage that by March 4, 2005 he felt well enough to return to work on a gradual basis.

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.

In my view, the transfer of non-pecuniary damages, the label for general damages for pain and suffering, and related loss of amenities, to the general calculation formula for PJI, will have a significant effect on damage awards,... Read More

In Alberta, I was counsel on the highest award for a soft tissue «chronic pain» general damages.

Depending on the particular facts and on the forum, the monetary awards compensate the victim for: past and future wage loss; general damages (compensation for pain and suffering); specific losses, such as intentional infliction of mental suffering or assault; aggravated damages (in the context of employment law, often relating to the manner in which the employer dismissed the employee); and punitive damages (a monetary award intended to punish the wrong - doer rather than to compensate the victim).

On June 8, 2016, the Court of Queen's Bench of Alberta released a 60 - page ruling in the cases of Kent v. Martin, and Kent v. Postmedia, awarding $ 150,000 in general damages for the print publication of a defamatory article, and a further $ 50,000 for continuing online publication.

Both the Injuries Board and the courts calculate compensation on the basis of general damages, a somewhat unscientific amount awarded for pain and suffering, and special damages, which are made up of specific expenses.

[35] While the subject cases are of general assistance and provide a guideline as to the range of damages awarded in cases with some similarities to the case at bar, each case must be decided on its own facts.

Following a trial the jury awarded Mr. El - Khodr damages totaling $ 2,931,006 of which $ 89,167 was pre-judgment interest on general damages for his pain and suffering.

As a result of the reduction in the interest rate the interest on his general damages should have been $ 44,583 and not the $ 89,167 awarded by the trial judge.

The Ontario Superior Court of Justice recently released a decision in Maxwell v. Luck on a relatively small jury damages award, but dismissed the threshold motion and awarded the damages comprised largely of future income loss and general damages.

In Graham v Shear Logic Hairstyling, an employee was awarded $ 11,400 representing general damages for denigration of her dignity and self - respect, and for psychological and emotional harm she experienced due to discrimination in employment on the grounds of sex and sexual orientation, in addition to sexual harassment... [more]

(3) Did the application judge err in awarding Charter damages without giving the Attorneys General an opportunity to make submissions on whether damages were an appropriate and just remedy?