Injuries Suffered in an Assault – Compensation for Aggravated and Punitive Damages

*Written by Vic Maan, associate lawyer at Holness and Small Law Group It is a common misconception that if you have suffered an injury as a result of an assault, your only recourse is through the criminal justice system. Depending on certain factors, this may not be the case and you may be entitled to…

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Aggravated Damages Award Reviewed by Court of Appeal

Aggravated damages compensate a claimant for intangible injuries, such as distress and humiliation, which are caused by a defendant’s conduct. The appellants were found to have defamed the plaintiff and the judge awarded damages of $1,205,000 and special costs, and granted a permanent injunction against the appellants, restraining publication of any defamatory words concerning the Plaintiff.  All…

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Disability Insurer Must Pay Full Legal Fees for Claimant

In this disability insurance case the Court made an award for full indemnification of the claimant’s legal fees because she was forced to hire a lawyer to enforce the disability contract through litigation (Tanious v. The Empire Life Insurance Company, 2017 BCSC 85). The Supreme Court Judge came to this conclusion based on the following considerations: a) The claimant had…

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Father Awarded $135,000 against Daughter for Defamation

Ungrateful children can sometimes cross the line with parents but in this case posting untrue accusations of pedophilia cost this child $135,000 (Z. v. Z.,  2016 BCSC 1730). False allegations regarding sexual misconduct with a minor are among the most serious and egregious allegations that one person can make against another, said the Supreme Court.  The…

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ICBC Ordered to Pay $400,000 for False Fraud Accusations

ICBC’s conduct in this case was so high-handed, reprehensible and malicious that it offended the Court’s sense of decency. The conduct of ICBC was high on the scale of blameworthiness. The defendant ICBC is a public insurance company. As an insurance company it is expected to act in good faith. As a public company, its employees are also expected…

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$15,000 for Mental Distress and Total Disability Defined

This 36 year old injury claimant sought  an order requiring Empire Life Insurance Company  to pay her long-term disability benefits as the insurance company refused to pay the disability benefits (Tanious v. The Empire Life Insurance Company,2016 BCSC 110). The retroactive value of the claim was no more than $60,000, after making appropriate deductions for taxes and CPP…

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