Sentences with phrase «receive aggravated damages»
Citing principles from Wallace v. United Grain Growers Ltd., 1997 CanLII 332 (SCC) and Honda Canada Inc. v. Keays, 2008 SCC 39 (CanLII), the Court of Appeal found that, to receive aggravated damages based on mental distress, an employee is required to demonstrate the manner of dismissal caused injury rising beyond the «normal distress» and «hurt feelings» which ordinarily accompany a dismissal for cause.
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Specifically, the trial court concluded that not receiving the servicer's response did not cause or aggravate any of the borrower's claimed damages.
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.