What are the potential aggravated damages in a personal injury action?
Ontario, Canada
The following excerpt is from K.T. v. Vranich, 2011 ONSC 683 (CanLII):
The discussion of damages to this point has not touched upon the prospect of aggravated damages. Aggravated damages distinct from punitive damages describe “an award that aims at compensation but takes full account of the intangible injuries such as distress and humiliation that may have been caused by the defendant’s insulting behaviour” (Vorvis v. Insurance Corporation of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085 at para. 16, McIntyre J.).
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