Can I recover bad faith damages or punitive damages?
If your claim has taken a long time to reach settlement, you may well be experiencing frustration, anger, and other troubling emotions. You may wonder if you can recover monetary compensation for this stress in the form of pain and suffering or other types of damages. Canadian law, as it relates to aggravated, consequential, and punitive damages, is still very much in its infancy. The reality is that in the vast majority of cases seeking such types of damages, those claims are dismissed. On rare occasions, a very modest amount is awarded. An experienced lawyer can guide you so you understand what you should expect and your chances of recovering bad faith damages at trial.
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