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ARTICLE · 19 SEPTEMBER 2024

Aggravated Damages – Employers Beware!

Koskie Minsky LLP
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I was invited recently to speak at the HRPA Conference on the issue of bad faith damages. I was focusing on the history of these awards and quantum.

CanadaEmployment and HR
Nancy Shapiro
Nancy Shapiro

I was invited recently to speak at the HRPA Conference on the issue of bad faith damages. I was focusing on the history of these awards and quantum. Then on May 2, 2024, the Ontario Court of Appeal released a decision in Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332 which upheld an aggravated damages award in the sum of $50,000 from the manner of dismissal and the employee's resulting mental distress, without supporting medical evidence, and I thought, well that is nothing new. Is it even noteworthy? I think it is because employers keep making mistakes.

Aggravated damages, moral damages, the former Wallace damages, Honda damages, are awarded following a breach of the duty of good faith and fair dealing in the manner of dismissal.

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