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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 21:56, 13 August 2020
, 21:56, 13 August 2020→7. Aggravated Damages
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=== 7. Aggravated Damages === | === 7. Aggravated Damages === | ||
Aggravated damages provide additional compensation where the wrongdoer’s actions have caused mental distress, injury to dignity or injury to pride (See ''[http://canlii.ca/t/20zgp Campbell v Read]'', 1987 CanLII 2402 [BC CA]). 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 (See ''http://canlii.ca/t/ft05t Thornber v Campbell'', 2012 BCSC 1449; ''http://canlii.ca/t/flvt5 A.B. v C.D.'', 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 (See ''[http://canlii.ca/t/20zgp Campbell v Read]'', 1987 CanLII 2402 [BC CA]). 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 (See ''[http://canlii.ca/t/ft05t Thornber v Campbell]'', 2012 BCSC 1449; ''[http://canlii.ca/t/flvt5 A.B. v C.D.]'', 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. Aggravated damages cannot be awarded in addition to the $35,000 monetary limit. | A claimant who seeks aggravated damages must ask for aggravated damages in the Notice of Claim. Aggravated damages cannot be awarded in addition to the $35,000 monetary limit. | ||
