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Difference between revisions of "Do You Have a Small Claim? (20:III)"
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Do You Have a Small Claim? (20:III) (view source)
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=== 8. Aggravated Damages === | === 8. Aggravated Damages === | ||
Aggravated damages provide additional compensation where | Aggravated damages provide additional compensation where the wrongdoer’s actions have caused mental distress, injury to dignity or injury to pride (See ''Campbell v Read'', 22 BCLR (2d) 214 (CA), 1987 Carswell BC 44). Awards of aggravated damages are rare and depend heavily on the actions of the wrongdoer and the circumstances. Aggravated damages have previously been awarded in cases of aggravated assault and sexual assault (''Thornber v Campbell'', 2012 BCSC 1449; B(A) v D(C), 2011 BCSC 775). The claimant must provide actual evidence of mental distress that results from the wrongdoing of the defendant. A claimant who seeks aggravated damages must ask for aggravated damages in the Notice of Claim. Aggravated damages '''cannot''' be awarded in addition to the $25,000 monetary limit. | ||
=== 9. Treble Damages === | === 9. Treble Damages === | ||
Treble damages are a form of punitive damages that, in certain circumstances, automatically triple an award of compensatory damages. | Treble damages are a form of punitive damages that, in certain circumstances, automatically triple an award of compensatory damages. Treble damages do not exist in Canada. | ||
== C. Limitation Periods == | == C. Limitation Periods == | ||
After a certain amount of time has passed, a person loses the right to commence a claim. | After a certain amount of time has passed, a person loses the right to commence a claim. The amount of time that must pass before the limitation period expires depends on which act applies to the claim. | ||
The new ''Limitation Act'', SBC 2012, c 13 [''Limitation Act''] came into effect on June 1, 2013. | The new ''Limitation Act'', SBC 2012, c 13 [''Limitation Act''] came into effect on June 1, 2013. A claim is governed by this Act if the claim was discovered after this date, unless the facts underlying the claim arose before the effective date and the limitation period under the old ''Limitation Act'', RSBC 1996, c 266 [''Old Limitation Act''] has expired (''Limitation Act'', SBC 2012, c 13, s 30(3-4) [''Limitation Act'']). Under the new ''Limitation Act'', the basic limitation period that applies to most claims is 2 years after the day on which the claim is discovered (''Limitation Act'' s 6(1)). | ||
Discovery occurs the day on which the claimant knew or reasonably ought to have known all of the following: | Discovery occurs the day on which the claimant knew or reasonably ought to have known all of the following: | ||
*a) That injury, loss or damage had occurred; | *a) That injury, loss or damage had occurred; | ||
*b) That | *b) That the injury, loss or damage was caused by or contributed to by an act or omission; | ||
*c) That the act or omission was that of the person against whom the claim is or may be made; | *c) That the act or omission was that of the person against whom the claim is or may be made; | ||
*d) That, having regard to the nature of the injury, loss or damage, a court proceeding would be an appropriate means to seek to remedy the injury, loss or | *d) That, having regard to the nature of the injury, loss or damage, a court proceeding would be an appropriate means to seek to remedy the injury, loss or damage (''Limitation Act'', s 8). | ||
Special | Special rules for discovery apply in various circumstances. For example, when a person signs a document acknowledging liability for a claim, discovery is deemed to occur on the date the acknowledgement is made unless the limitation period has already expired (''Limitation Act'', s 24(1)). Generally, there is an ultimate limitation period of 15 years from the date the basis of the claim occurred, regardless of when discovery happens (''Limitation Act'', s 21(1)). If it has been close to 2 years since the events giving rise to your claim occurred, act quickly and refer to Appendix F or consult a lawyer. | ||
Under this act, the limitation period depends on the type of claim and who the other party is. | Under this act, the limitation period depends on the type of claim and who the other party is. A claim may consist of several causes of action and each cause of action may have a separate limitation period. For example, if a claimant waits three years, they may be unable to bring a claim in negligence but may still be able to claim for breach of contract. Litigants should review the ''Old Limitation Act'' to determine which limitation period applies. | ||
