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Conflicting decisions create confusion over Charter damages

1 minute read

You must prove bad faith or wilful conduct to get damages for a Charter breach in Ontario — but in B.C., proof of just the breach is enough. The issue is now before the Supreme Court — and if the B.C. position prevails, more Charter litigation and awards of "Charter damages" can be expected.

The Lawyers Weekly, Focus on Constitutional Law, April 16, 2010

Stuart Zacharias

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