What is the range of damages in a personal injury action brought by a defendant who assaulted a plaintiff on a dark country road?

Manitoba, Canada


The following excerpt is from Henderson v. Nataluk, 2001 MBQB 19 (CanLII):

The cases of Hurley v. Moore and Kooner v. Kooner are factually the most similar to the case at bar. It is impossible to determine the extent to which the plaintiff’s emotional trauma is related to the assault and the extent to which it was aggravated by her then undiagnosed schizophrenia. However, in assessing non-compensatory damages, I have awarded a measure of damages representing the negative emotional and psychological impact of this incident on the plaintiff’s life. An award, which includes aggravated damages for the humiliation and the terror engendered by the defendant’s actions and threats to kill the plaintiff on an isolated dark country road, is appropriate in these circumstances.

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