Sexual Abuse Injuries and Sexual Assault Injuries – Damages for Pain and Suffering

In Anderson v. Molon 2020 BCSC 1247, the injured claimant brought a claim for personal injury for sexual abuse.  Claims were made against the priest in sexual battery who abused her and against the diocese in vicarious liability and negligence for failing to take steps to protect her from harm when it knew of the…

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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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Punitive Damages Awarded for Trespass to Cut down Trees

This Prince George property owner was awarded $7,500.00 for  exemplary or punitive damages for trespass as part of a compensation package which included a permenant injunction and $10,500 in damages.(Stewart v. Phillips, 2018 BCSC 828) The purpose for a punitive damage award includes deterrence, punishment, and recognition of unnecessary humiliation. The basis for a punitive damage award is an…

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Hit and Run Driver must pay $100,000 in Punitive Damages

This personal injury case involved a driver that fled the scene of a car accident causing serious injury to the ICBC claimant. The judge was not only satisfied that it was the defendant that was the driver the judge awarded the claimant $100,000 in addition to the award as punishment for the hit and run driver fleeing…

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Road Rage Victim Awarded over $800,000 for Injuries

This claimant suffered serious injuries as a result of a road rage incident that began on the southerly on-ramp to the Second Narrows Bridge in Vancouver, and ended at the top of what is known as “the Cut” on Highway #1, in North Vancouver. The claimant and defendant became involved in a dispute over who cut off whom…

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“Enough is Enough” Cheering Rioters not Faulted for Stanley Cup Riots

The last game of the 2011 Stanley Cup Hockey series was broadcast on a live television outside the CBC building at Georgia and Hamilton Streets in Vancouver BC.  When the game ended, a riot erupted here and several cars were burned outside the adjacent Canada Post Office building. Numerous vehicles were destroyed here, some of which…

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ICBC Refuses to Pay Punitive Damage Award before Appeal

ICBC, in this personal injury case, having been ordered to pay almost $400,000 in punitive damages for reprehensible conduct, wins a stay in the payment pending their appeal (Arsenovski v. Bodin,2016 BCCA 178). This ICBC injury case involved a car accident which occurred at the intersection of Nelson Avenue and Imperial Street in Burnaby. The claimant pedestrian was…

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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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