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TYPES OF DAMAGES - Exemplary or punitive damages - Where high-handed, malicious, arbitrary or highly-reprehensible misconduct - Punishment and deterrence

Friday, May 12, 2017 @ 6:54 AM  

Appeal by Elmardy from a damages award in his action against the defendant Police Services and officer Pak. The appellant, a black man, was stopped by Pak and another officer while walking down the street. In the ensuing interaction, Pak punched the appellant twice in the face, emptied the appellant’s pockets without his consent and left the appellant lying on his handcuffed hands for 20 minutes. The trial judge found breaches of sections 8, 9 and 10 of the Charter and that Pak had committed battery...