In what circumstances can a plaintiff claim aggravated damages?
British Columbia, Canada
The following excerpt is from Springett v. Shanklin, 2001 BCSC 853 (CanLII):
In Norberg v. Wynrib, 1992 CanLII 65 (SCC), [1992] 2 S.C.R. 226, La Forest J. held that aggravated damages may be awarded if the battery has occurred in humiliating or undignified circumstances but they are not in addition to general damages. Rather, general damages are assessed 'taking into account any aggravating features of the case and to that extent increasing the amount awarded. Aggravated damages are distinct from punitive damages which are awarded to punish and make an example of the defendant in order to deter others from committing the same tort.
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