STACEY REGINALD BALL

Aggravated or Moral Damages

82 SCOLLARD STREET, TORONTO ON M5R 1G2

STACEY R BALL

EMPLOYMENT LAWYER

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MENTAL DISTRESS

​Dismissing Employees

Aggravated damages are compensatory in nature, meaning they are meant to compensate a plaintiff for a loss they have suffered. This is in contrast to punitive damages (Please see article titled “Punitive Damages”) which are awarded to punish a defendant for harsh and reprehensible behaviour. Aggravated damages need to be grounded in proof of actual damages suffered, as a result of unfair or bad faith conduct in the manner of dismissal. These damages are often interchanged with “moral” damages, after a recent Supreme Court of Canada decision. Aggravated damages can be awarded to compensate for injured dignity or pride, or awarded for mental distress. The courts are more willing to award aggravated damages for mental distress when there are physical manifestations of the distress. Further, supporting medical documentation is very useful in establishing mental distress. Aggravated damages are typically more modest than punitive damages, and they are more directly tied to the level and evidence of injury that the plaintiff suffered. Employers have a duty to act in good faith and fairly when it comes to dismissing employees. If an employee is dismissed in an abusive or reckless manner, they may have a claim for aggravated damages. Other factors have played a role in calculating aggravated damages, such as whether the employee was induced away from a secure place of employment before being wrongfully terminated.

​Aggravated or moral damages are the exception, and not the rule. It would be jarring for most people to be terminated without cause, but the typical feelings of disappointment, shock or anger do not usually qualify for aggravated damages. See Wallace v United Grain Growers Ltd. (1997), 152 D.L.R. (4th) 1 (S.C.C.). If an individual has been discriminated against contrary to the Ontario Human Rights Code, they can potentially recover aggravated damages as well as damages under the Code for the discriminatory behaviour. Damages under the Code can be thought of as compensation for the loss of the right to be free from discrimination. The best way for employers to avoid these problems is to consult with a legal expert and develop best practices for terminating an employee. Adhering to these practices would help maintain the dignity and respect of the terminated employee and foster a positive work environment. Unfortunately, many employers act improperly during terminations and employees find themselves mistreated with respect to a dismissal. Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice with an employment issue, please contact the experts at Ball Professional Corporation.

CONSULTATIONS

ASSOCIATIONS

Canadian Employment Law

Canadian Employment Law

Mr. Ball is the author of the authoritative and definitive text Canadian Employment Law, published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.

To order Mr. Ball’s Canadian Employment Law, please visit the Carswell Store by clicking here or on the button below.

Meet Our Team

CLIENT REVIEWS

Google Reviews

Beijia Zhang
Beijia Zhang
21:41 09 Apr 23
Stacy helped me with my case with my previous employer. I have to say that Stacy is the best lawyer I ever met. He worked incredibly hard on my case and helped me fight over the wrongful dismissal, eventually he solved my issue and we settled at a very good deal. I was super impressed by his professionalism and integrity, plus he has passion towards what he is doing. Stacy is the best of all! One of a kind!!!!!!!!
R Cooray
R Cooray
19:11 04 May 23
Stacey and his amazing team did a fantastic job with my case. Their professionalism and many years of experience helped me to settle my case. Stacey has written some of Canadian employment law. I would highly recommend to anyone to seek advise before signing any documents.
Marion Gordon
Marion Gordon
10:27 13 Jul 23
Stacey Ball fought hard in my wrongful dismissal case and we came out ahead. I am very happy with him and his team. I strongly recommend him if you have a wrongful dismissal case.
Wilma Carlson
Wilma Carlson
17:43 07 Jul 23
Stacey's professionalism and strong communication skills helped me feel informed and reassured throughout the entire process. Thanks to his tenacity and unwavering support, I achieved a successful outcome that I am truly grateful for.
Sharon Smerek
Sharon Smerek
18:28 14 Jun 23
Stacey R. Ball has bar admittance in British Columbia, Alberta, and Ontario. Will give excellent advice, and if you have a case , he will proceed on your behalf . Stacey Ball is known as the best employment lawyer across Canada.
PATRYK Szpindler
PATRYK Szpindler
11:22 03 Oct 23
Working with Stacey Ball was the best decision for my employment-related case. He was responsive to my questions, addressed all my concerns promptly and, most importantly, secured a fair resolution. Thanks again!!
Pilar M
Pilar M
11:19 03 Oct 23
Stacey R. Ball and his team represented me in my wrongful dismissal case. They exhibited a solid grasp of employment law and guided me through the legal proceedings. They were very diligent, especially in updating me on the status of my case. I really appreciate what they've done for me.
Hanan Wahib
Hanan Wahib
15:16 22 Jan 24
I am very grateful for the outstanding job that Stacy Ball and his team have done.. I want to thank you Stacy for your exceptional professional expertise and unwavering support throughout my case. Your dedication, knowledge, and genuine compassion made a significant impact on the positive outcome.I am grateful to have encountered you both as a lawyer and as a person of great humanity.
Lisa Joslin
Lisa Joslin
20:07 30 Jan 24
I had the pleasure of working with Stacey Ball and his assistants. From the start to the finish, my experience with them was nothing short of outstanding.Stacey possesses an in-depth knowledge of employment laws and regulations. His expertise was evident as he navigated through my case. He took the time to understand my situation, ensuring that I felt heard, understood, and supported throughout the entire process.Communication was clear, prompt, and thorough, making a stressful situation more manageable.I highly recommend Stacey R Ball for anyone seeking expert employment law guidance. Overall, my experience was exceptional, and I am so very grateful for the positive resolution.
sean hogue
sean hogue
22:05 30 Jan 24
I recently used Stacey to resolve an employment issue and was very pleased with the result. This is the second time I've engaged his services over the years. Stacey is the consummate professional, extremely knowledgeable and I'm thankful for his skillful representation. I have also recommended Stacey to others who have experienced the same results.
Melanie Kirkpatrick
Melanie Kirkpatrick
17:34 04 Apr 24
I would highly recommend Stacey Ball. If you're seeking an employment lawyer who is not only highly skilled but also genuinely cares about their clients, look no further than Stacey Ball. He is simply the best in the business!I must also applaud his outstanding assistant, Amy. With Amy's proactive communication, together, they form an unbeatable team!
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