Is a plaintiff entitled to a general damages award if he is denied access to a disability benefit because of his disability?
Ontario, Canada
The following excerpt is from Adga Group Consultants Inc. v. Lane, 2008 CanLII 39605 (ON SCDC):
In Scott v. Foster Wheeler Ltd., [1987] O.J. No. 2451, 8 C.H.R.R. D/4179 (Div. Ct.), at para. 8, the court upheld a general damages award, noting that an infringement of a right can attract damages "for insult to his dignity" and that such damages "flow directly from the denial or discriminatory act".
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