Index

• Author: W.H. Charles
• Pages: 159-162

159

Aggravated damages. See also Damages

types awarded

Charter damages cases generally,

42–45

explained, 31, 71–72

jury instructions, 38–39

moral and symbolic damages, 32–33

Vancouver (City) v Ward (SCC), 85,

94–95

Alternative remedies. See Countervail-

ing factors

Award amounts. See also Quantum of

damages, determining

1984–2010, 125

1984–1994, 5

1995–2010, 25–26

2010–2014 (post-Ward), 104–5, 125

British Columbia (AG), Henry v. See

Henry v British Columbia (AG)

Burden of proof, 79–80

Canada, Schachter v (SCC). See

Schachter v Canada (SCC), rule in

Canada (AG), RJR – MacDonald Inc v

(SCC), 15–21

Cap on non-pecuniary damages, 42, 90

Cases per year, 49, 102, 126

Causation, 116

Charles, WH, 42n109

Charney, Robert E and Josh Hunter,

10n55

Charter of Rights and Freedoms, Cana-

dian. See Section 24(1); Section

24(2); Section 52(1)

Charter remedies. See Section 24(1);

Section 24(2); Section 52(1)

Charter rights involved, 6, 26

Charter-and-tort overlap, 10–11, 33–41,

88, 92–93, 126–27

Claim of right defence, 55–56, 59, 62

Common law, relationship with, 67–76,

87, 89, 95–96, 116–17

Compensatory damages. See Damages

types awarded

Concurrent remedies under (Charter

of Rights and Freedoms) sections

24(1) and 52(1), 2–3, 9, 18, 51–52,

93–94

Consequential losses

explained and discussed, 70–72, 75

functional approach, 82, 84–85, 95

indirect emotional trauma, 73–74

moral and symbolic damages, 31–32

Ontario Human Rights Tribunal, 121

Constantineau, Albert, 56n25

Constitutional torts, 33, 67–68n2, 76n30

Cooper-Stephenson, Ken

af‌f‌irmative and defensive remedies,

xin3

Index