What is the test for damages for constructive dismissal?
British Columbia, Canada
The following excerpt is from Leung v. Doppler Industries Incorporated, 1995 CanLII 2530 (BC SC):
35 Aggravated damages are rarely awarded in an action for breach of contract and generally not unless the acts complained of are independently actionable: Vorvis v. I.C.B.C. (1989), 1989 CanLII 93 (SCC), 36 B.C.L.R. (2d) 273 (S.C.C.). Here the acts complained of were not independently actionable; they are the very acts which I have found constitute the constructive dismissal. The claim for aggravated damages must fail.
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