Conflicting decisions create confusion over Charter damages
1
minute read
Mar 3, 2016
published in
Appeals
Stuart Zacharias
Partner
You must prove bad faith or wilful conduct to get damages for a Charter breach in Ontario — but in B.C., proof of just the breach is enough. The issue is now before the Supreme Court — and if the B.C. position prevails, more Charter litigation and awards of "Charter damages" can be expected.
The Lawyers Weekly, Focus on Constitutional Law, April 16, 2010
Available document: Conflicting decisions create confusion over Charter damages (809 kB)
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