Remedies Discussion Forum
In this Article, the author argues for the explicit recognition of the "dignitary interest" as a distinct head of damages. In Part I, he analyzes recent decisions of the Supreme Court of Canada that have commented on the availability of aggravated damages. Part II identifies how the protection of dignity lies at the root of awards for aggravated damages. Part III conceptualizes what is encompassed within the "dignitary interest." Part IV contrasts a purely remedial response with those who advocate a new tort action to protect loss of dignity. Finally, the prescriptive power of explicit recognition of the dignitary interest and referential loss are applied to the Supreme Court of Canada's decisions from Part II.
Reconceptualizing Aggravated Damages: Recognizing the Dignitary Interest and Referential Loss,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol41/iss4/8