$7.5 Million Award Subject to Court Order Interest

In this wrongful conviction case the  Province was ordered to pay compensatory damages in the amount of $530,000, special damages in the amount of $56,691.80, and damages in the amount of $7,500,000 to serve both the vindication and deterrence functions under s. 24(1) of the Charter. The plaintiff was awarded costs at  Scale C of Appendix…

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Province did not Abuse Superiority in $8 million Wrongful Conviction Award

In this civil claim against the Province the claimant was awarded over $8 million for his wrongful conviction and subsequent incarceration. Crown Counsel failed in its duty of disclosure by intentionally withholding relevant information despite repeated requests.  Wrongful non-disclosure seriously infringed the claimant’s right to a fair trial. The court also found that if there had been proper disclosure…

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Loss of Enjoyment of Life from Bodily Injury Worth Less than Wrongful Conviction

Money awarded for pain, suffering and loss of enjoyment of life for injury to the human body appears to be worth less than being unjustly jailed says the Supreme Court of Canada (Hinse v. Canada (Attorney General, 2015 SCC 35 ). The Supreme Court of Canada in the Andrews trilogy  set an upper limit of $100,000 for…

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