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Punitive damages Tag

Hauer & Co. > Posts tagged "Punitive damages"

Owner of Vacant Land Awarded Punitive Damages for Trespass

In the recent decision of Stewart v. Phillips, 2018 BCSC 828, the plaintiff sought damages in nuisance, trespass and assault. The plaintiff also sought an injunction restraining the defendants from trespassing on her property. The plaintiff resided at 24810 Chief Lake Road, Prince George, British Columbia. The plaintiff was the registered owner of two pieces of property, the residential property (the “Stewart Property”) where her house was located and a vacant property (the “Vacant Property”). The defendants resided at 24680 Chief Lake Road, Prince George, British Columbia (the “Phillips Property”) which is situated between the Stewart Property and the Vacant...

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Punitive damages awarded for insurer’s poor handling of LTD claim

In a recent case of Godwin v. Desjardins Financial Security Investments Inc. 2018 BCSC 99, the plaintiff had insurance uuder a group disability insurance policy (the "Policy") . The plaintiff, Ms. Godwin, became totally disabled from her employment as a paralegal on June 24, 2011 due to psychiatric illness. She remained disabled up to the date of trial. In this lawsuit, she asked for compensation from the insurance company for mental distress. She also asked for punitive damages  because of the way the insurance company handled her claim. After a series of denials and appeals, Ms. Godwin's claim for Own Occupation...

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