Human Rights – Future Income Loss
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…
Is CRA at the Table?
Might CRA obtain seemingly confidential documents prepared for or during mediation or other settlement conferences? The answer is yes. Although hard to imagine, the Federal Court allowed the application…
Chart of Damage Awards
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.…
Medical Records, Personal Journals & Privilege
ASSERTION OF PRIVILEGE IN THE CIVIL CONTEXT Patient-Physician Clinical Notes Class Privilege The most well-known forms of privilege are “legal advice privilege” and “litigation privilege”. The grounds of privilege…
Past Income Loss
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…
Negligent Infliction of Mental Distress
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
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.…
Future Income Loss
Loss of Future Earning Capacity In Boucher, the plaintiff cross-appealed by submitting that the damage claim for the tort of intentional infliction of mental suffering should be increased to reflect…