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$7.5 Million Award Subject to Court Order Interest

Cost of Justice

In this wrongful conviction case the  Province was ordered to pay compensatory damages in the amount of $530,000, special damages in the amount of $56,691.80, and damages in the amount of $7,500,000 to serve both the vindication and deterrence functions under s. 24(1) of the Charter. The plaintiff was awarded costs at  Scale C of Appendix B of the Supreme Court Civil Rules.

The plaintiff successfully applied for an order that he be awarded pre-judgment interest. The judge concluded that the damages awarded to the plaintiff for vindication and deterrence are non-pecuniary in nature. However the judge went on the comment,

[17]        Although the damage award for vindication and deterrence does sound in money and therefore fits the definition of pecuniary judgment, the award as a head of damage remains non-pecuniary in nature. This finding is consistent with the distinction drawn between a pecuniary judgment and non-pecuniary damages in V.(J.L.) and Dhillon.

[18]        I find, however, that the damages awarded to the plaintiff for vindication and deterrence do not arise from either personal injury or death and are thus not exempt from the application of pre-judgment interest under s. 2(e) of the Act. (Henry v. British Columbia (Attorney General), 2016 BCSC 2082)

Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.

Tags: Court Order Interest, Pain and Suffering, Wrongful Conviction Damages Awarded

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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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