Nominal Damages and Contemptuous Damages

• Author: Jamie Cassels
• Pages: 354-359

354

CHA PTER 9

NOMINAL DAMAGES

AND CONTEMPTUOUS

DA M AGES

A. NOMIN AL DA M AGES

1) Def‌inition and Purpose

Nominal damages serve to vindicate the plaintiff’s rights even when

no compensation is necessar y. Nominal damages are a small sum of

money, awarded when the plaintiff is able to establish a cause of action

but has suffered no substanti al loss, successfully mitigated t he loss, or

is unable to prove what that loss is. The purpose of nomin al damages is

to serve as a declarat ion of the plaintiff’s right s and a minor deterrent

to the defendant.1

McGregor describes the purpose of nominal damages as “establish-

ing, determining or protecting a legal r ight.”2 He states that t hey are

available in two situations. The f‌irst i s where the plaintiff proves that she

has suffered some wrong, but no loss (or a trif‌ling loss) has ar isen from

that wrong. The other, and less important, situat ion is when the plainti ff

has shown there was a los s, but the “necessar y evidence as to its amount

is not given.”3 An ancillary reason for awarding nomi nal damages is that

1 See Davidson v Tahtsa Timber Lt d, 2010 BCCA 528 at para s 37 and 44: the plain-

tiff was found t o have fully mitigated his lo sses from wrongful di smissal but

was awarded nomi nal damages of $100 for breach of his lega l right not to be

dismissed without notice.

2 H McGregor, McGregor on Damage s, 17th ed (London: Sweet & Max well, 2003)

at 362 [10-0 08].

3 Ibid at 360 [10-004].