Moreover, the claims examiner failed to note the serious discrepancies between the IME and the plaintiff’s treating therapists and physicians. Category: Canada Law. The case involved damages being sought on behalf of the Plaintiff for being wrongfully dismissed. Most cases, however, fall within the $100,000 to $200,000 range (see Clarfield v. Crown Life (2000), 23 C.C.L.I. With intentional infliction of mental suffering, in addition to being “outrageous”, the defendant’s conduct must also be “flagrant”. In Arnold v. Teno,  2 S.C.R. Currently, the typical range for aggravated damages in Canada is $10,000 to $100,000 but most of the awards fall on the lower end of the spectrum. Fidler v. Sun Life Assurance Co. of Canada – Supreme Court of Canada – June 29, 2006 An employee is only able to recover damages for mental distress due to the breach of a contract if it can be shown that such damages were within the reasonable contemplation of the parties at the time the contract was formed.. Medical malpractice; 4. The “exceptional circumstances” phrase gave an opportunity for particular cases to ignore the upper limit as we have seen with the defamation, loss of reputation, and sexual assault cases. Notwithstanding the striking of the award of damages for negligent and intentional infliction of mental distress, the court awarded damages for Ayotte’s assault and battery in the amount of $15,000.00, and for mental distress in the amount of $45,000.00. It must not deny coverage or delay payment in order to take advantage of the insured’s economic vulnerability or to gain bargaining leverage in negotiating a settlement. Evidence Required for Claims of Mental Distress. It is in this area that awards in the United States have soared to dramatically high levels in recent years. ); and Fowler v. Maritime Life Assurance Co. (2002), N.J. No. The landmark decision determined conclusively that evidence of a “recognized psychiatric injury” is no longer required to substantiate an award of … Only time will tell whether the Canadian courts will limit the maximum amount of punitive and aggravated damages awarded in the future. 2014.09.18 //. Their purpose is not to compensate the plaintiff, but to give the defendant his or her just dessert (retribution), to deter the defendant and others from similar misconduct in the future (deterrence), and to mark the community’s collective condemnation (denunciation) of what has happened (Hill v. Church of Scientology). This argument was rejected in relation to damages for defamation in Hill v. Church of Scientology at paras. During the 20th century, Canadian courts remained modest in their punitive damage awards against an insurer for acting in bad faith. These situations created inequality which breached Charter values and rights. The plaintiff in this case was a welder who was permanently injured when he dropped a heavy steel plate on his foot. The trial judge lowered the jury award to the upper limit as suggested under ter Neuzen, which amounted to $294,000 after it was adjusted for inflation. In the 19th century, the implied covenant of good faith and fair dealing arose in the United States as part of contract law. H.C.J.). Walker v. Hulse, Playfair and McGarry 2017 ONSC 358 involved an appeal of a decision from small claims court. Notably, the Court held that had the insurance company’s conduct only marginally aggravated the plaintiff’s symptoms. 287 (SCC) [Arnold]) (the “Trilogy”). We will review the history behind bad faith claims in Canada and analyze the current amounts which Canadian courts have been awarding for punitive and aggravated damages. 274 (Ont. “Everyone in Canada, wherever he may reside, is entitled to a more or less equal measure of compensation for similar non-pecuniary loss” (Andrews at pp. In our view, the case for imposing a cap in cases of negligence causing economic loss is not made out here either. Automobile accidents; 2. Furthermore, any future financial burdens to the plaintiff may be awarded through future loss of income or future care heading of damages. Damages are awarded to compensate a party for the pain and suffering resulting from party. Fernandes v. Penncorp Life insurance company, 2013 ONSC 1637 ) from upper! Negligence case lawsuits seek damages for mental injury after Keays v. Honda Canada Inc of that! Arnold ] ) ( the “ Trilogy ” ) the potential for an increasingly substantial and excessive amount compensation. 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