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The Availability of Punitive Damages Arising from the Breach of Human Rights Legislation, Focus FMC Vancouver, May 2007
Author(s): Overholt, Carman
Date: May 29 2007

It has become common for wrongful dismissal litigation to include a tort claim such as intentional infliction of mental suffering, defamation or inducing a breach of contract. Establishing a separate actionable wrong has long been viewed as necessary to maintain a claim for punitive damages, in light of law that has historically restricted the availability of such an award. In addition to the employer, individuals involved in the termination of employment are now frequently named as defendants in wrongful dismissal litigation.

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