What is the test for aggravated damages in a personal injury action brought against the Church of Scientology?
Ontario, Canada
The following excerpt is from L.R. v. S.P., 2019 ONSC 1737 (CanLII):
Aggravated damages may be warranted where the defendant's conduct has been "particularly high-handed or oppressive", thereby increasing a plaintiff's "humiliation, anxiety, grief, fear and the like". Such damages are compensatory in nature, and "take into account the additional harm caused to the plaintiff's feelings". Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130, at paragraph 188.
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