What is the test for an aggravated damages claim brought by a cattle farmer who was denied access to the Canadian-owned cattle farm because of the closure of the border?
Ontario, Canada
The following excerpt is from Flying E Ranche Ltd. v. Attorney General of Canada, 2022 ONSC 601 (CanLII):
Aggravated damages are only intended to be available “where the defendant’s conduct has been particularly high‑handed or oppressive”: Hill v. Church of Scientology of Toronto, at para. 188. In this case there is no basis for such a finding. To the contrary, when the borders closed in May 2003, the government acted immediately to provide assistance to cattle farmers, in addition to the general assistance programs already in effect.
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