The Fundamentals Vicarious liability is a legal concept which holds a company responsible for the wrongdoing of an employee. Should the vicarious liability argument succeed, there is no need to…

There is an important distinction between a loss of earning capacity in a tort claim, as set out above and the remedy for a prospective lost income in human rights…

Modern cases awarding aggravated and punitive damages appear to be never ending. In addition, tort claims for the intentional infliction of emotional suffering, assault, defamation are also increasing in frequency.…

Home › Damages › [Limitation Periods] Limitation Periods In most jurisdictions the usual limitation period for commencing a civil action in tort is 2 years. Recent amendments to Ontario’s Limitations…

Home › Damages › [Damage Assessment for the Intentional Infliction of Emotional Suffering] Damage Assessment for the Intentional Infliction of Emotional Suffering Early Damage Awards Awards made in an employment…

Home › Damages › [Past Income Loss in Tort Employment Cases] Past Income Loss - Tort Claim - Employment As was noted in the 1994 Federal Court decision, the purpose…

Home › Damages › [Tort Claims in Employment Cases] Tort Claims in Employment Cases Principle of the Damage Claim A claim in tort involves considerations with respect to the damage…

Home › Damages › [Negligent Infliction of Mental Distress - Employment] Negligent Infliction of Mental Distress - Employment As noted above, the Ontario Court of Appeal determined that such a…

Aggravated & Punitive Damages on Same Facts It does not follow that awards of aggravated and punitive damages are duplicitous when such sums are based on the same factual foundation.…