What is the range of damages for battery and sexual assault in a personal injury case?
Manitoba, Canada
The following excerpt is from Hill v. Kilbrei, 2005 MBCA 81 (CanLII):
38 The specific findings of the trial judge with respect to the final incident do not amount to a criminal assault or, arguably, even to tortious conduct. The battery for which the defendant was found liable was committed in a dysfunctional relationship, and not in “humiliating or undignified circumstances” that would attract an award of aggravated damages. See Norberg v. Wynrib, 1992 CanLII 65 (SCC), [1992] 2 S.C.R. 226 at 263. The circumstances do not call for aggravated damages that would take the award of damages beyond the normal range.
"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 determining the range of general damages in a personal injury case? (Manitoba, Canada)
What is the range of damages in a personal injury action brought by a defendant who assaulted a plaintiff on a dark country road? (Manitoba, Canada)
Is the court’s position on costs for personal injury cases in the context of the case management system? (Manitoba, Canada)
What is the test for making out a case in a sexual assault case? (Manitoba, Canada)
What are the implications of a plaintiff’s new pleadings in a personal injury case? (Manitoba, Canada)
What constitutes a scandalous pleading in a personal injury case? (Manitoba, Canada)
What is the test for consent of a plaintiff in a sexual assault case? (Manitoba, Canada)
What is the test for granting adjournment in a sexual assault case? (Manitoba, Canada)
What is the case law on sexual assault and voyeurism? (Manitoba, Canada)
What is the definition of a "factual situation" in a personal injury case? (Manitoba, Canada)
