What is the test for damages for loss of grief caused to the owner by the respondent in an unlawful seizure?

British Columbia, Canada


The following excerpt is from Kal Inspection & Truck Repair Ltd. v. King, 2013 BCSC 110 (CanLII):

Counsel for the appellant claims that the lower court erred by failing to require the respondent to provide evidence of his losses. In the case of Altenreid v. Coquitlam Diesel, [1990] B.C.J. No. 953 [Altenreid], Fraser J. held: It is a direct and foreseeable consequence of an unlawful seizure that some grief will be visited upon the owner or the owner's agent, for which the owner is entitled to be compensated in damages. In some cases, a reasonably substantial award might be appropriate, as where the owner has suffered anxiety or where having to submit to the unlawful demands of the repairer amounts to an indignity.

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