Can a plaintiff claim aggravated damages in a motor vehicle accident claim?
Ontario, Canada
The following excerpt is from Anne Opfermann v. Anthony Richard Taylor et al., 2014 ONSC 2723 (CanLII):
Aggravated damages are regarded as compensatory in nature and can be used to take account of a plaintiff’s intangible injuries, such as mental distress or humiliation resulting from the defendant’s behaviour: Vorvis v. Insurance Corporation of British Columbia 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085 at 1098-99.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a plaintiff to claim damages in a motor vehicle accident case? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
What is the test for a plaintiff in a motor vehicle accident to claim damages for personal injury? (Ontario, Canada)
How is a plaintiff's claim for damages in a motor vehicle accident determined in two separate actions? (Ontario, Canada)
In a motor vehicle accident in this province, when is the discoverability rule applicable in motor vehicle accidents? (Ontario, Canada)
What is the test for determining whether there is a claim against the owner or operator of the vehicle in a motor vehicle accident? (Ontario, Canada)
What is the test for a plaintiff to bring a claim for negligence in a motor vehicle accident? (Ontario, Canada)
What are the cost consequences of rule 49.10(2) of the Rules of Civil Procedure when a plaintiff is awarded damages in a motor vehicle accident? (Ontario, Canada)
What factors will the court consider in determining whether to award damages to a plaintiff in a motor vehicle accident in a different county? (Ontario, Canada)
What is the time for an action for damages from injuries suffered in a motor vehicle accident to be commenced within two years of the date of the accident? (Ontario, Canada)
