Aggravated damages take into account the additional harm caused to a plaintiff's feelings, including humiliation and distress, by a defendant's outrageous and malicious conduct. Like general or special damages, they are compensatory in nature. Their assessment requires consideration of the entire conduct of a defendant both at the time of the wrongful action through to the conclusion of the trial. They represent the expression of natural indignation of right-thinking people arising from a defendant’s malicious conduct. See Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130.
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