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Difference between revisions of "Do You Have a Small Claim? (20:III)"
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Do You Have a Small Claim? (20:III) (view source)
Revision as of 18:14, 19 September 2023
, 18:14, 19 September 2023no edit summary
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= June 24, 2023}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
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Aggravated damages provide additional compensation where the wrongdoer’s actions have caused mental distress, injury to dignity, or injury to pride ([http://canlii.ca/t/20zgp ''Campbell v Read'', 22 BCLR (2d) 214 (CA), 1987 Carswell BC 440]). Awards of aggravated damages are rare and depend heavily on the actions of the wrongdoer and the circumstances. Aggravated damages have previously been awarded in cases of aggravated assault and sexual assault ([http://canlii.ca/t/ft05t ''Thornber v Campbell'', 2012 BCSC 1449;] [http://canlii.ca/t/flvt5 ''B(A) v D(C)'', 2011 BCSC 775]). The claimant must provide actual evidence of mental distress that results from the wrongdoing of the defendant. | Aggravated damages provide additional compensation where the wrongdoer’s actions have caused mental distress, injury to dignity, or injury to pride ([http://canlii.ca/t/20zgp ''Campbell v Read'', 22 BCLR (2d) 214 (CA), 1987 Carswell BC 440]). Awards of aggravated damages are rare and depend heavily on the actions of the wrongdoer and the circumstances. Aggravated damages have previously been awarded in cases of aggravated assault and sexual assault ([http://canlii.ca/t/ft05t ''Thornber v Campbell'', 2012 BCSC 1449;] [http://canlii.ca/t/flvt5 ''B(A) v D(C)'', 2011 BCSC 775]). The claimant must provide actual evidence of mental distress that results from the wrongdoing of the defendant. | ||
A claimant who seeks aggravated damages must ask for aggravated damages in the Notice of Claim (or “Application for Dispute Resolution” in the Civil Resolution Tribunal). Aggravated damages cannot be awarded in addition to the applicable monetary limit at the CRT or small claims | A claimant who seeks aggravated damages must ask for aggravated damages in the Notice of Claim (or “Application for Dispute Resolution” in the Civil Resolution Tribunal). Aggravated damages cannot be awarded in addition to the applicable monetary limit at the CRT or small claims. | ||
=== 8. Punitive Damages === | === 8. Punitive Damages === | ||
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