CPD: Damages and Remedies: Available Within Small Claims Court Proceedings

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Understand the relief options available within Small Claims Court cases such as:

• The remedy of disgorgement,
• The remedy of rescission,
• The remedy of general damages,
• The remedy of punitive damages,

and much more.

Expected Takeaways

The Damages and Remedies presentation explains the principles and rules involved with, among other issues:

• The limited jurisdiction to provide equitable relief within the Small Claims Court;
• The requirement for using best guess assessment when evidence of actual damages is unavailable;
• The principles applicable to the disgorgement remedy including the fallacy of 'waiver of tort';
• The principles applicable to general damage awards for emotional injuries;
• The principles applicable to punitive damage awards for malicious conduct;
• The limited jurisdiction to provide forms of equitable relief;
• The limited availability of Charter of Rights remedies; and
• The limited availability of Human Rights Code remedies.

Materials Included:

• A 76 page handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A nearly four-hour video containing interactive discussion with live event participants and extensive anecdotal explanations of relevant principles; and
• A Certificate of Participation document that licensed legal practitioners can use to confirm completion of up to three substantive hours towards annual continuing professional development requirements.

What every legal practitioner should know.

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