Abuse of Process (RTA)
From Riverview Legal Group
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-05-18 |
| CLNP Page ID: | 1895 |
| Page Categories: | [Interference of Reasonable Enjoyment (LTB)] |
| Citation: | Abuse of Process (RTA), CLNP 1895, <>, retrieved on 2024-05-18 |
| Editor: | Sharvey |
| Last Updated: | 2022/03/25 |
James v. Da Fonte, 2004 CanLII 10851 (ON SCSM)[1]
The Court finds the plaintiffs and their children were wrongfully evicted and they are entitled to whatever damages they suffered as a result.
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The Court now turns to general damages. The Court notes the claim was brought by Linda James and Radcliffe James on their own behalves and not on behalf of the four children. The Court understands the daunting task it can be to a layperson to bring an action on behalf of minors but the Court is not at liberty to make an award in favour of those who are not litigants. Having regard to the extensive and ongoing negative impact on the plaintiffs of the wrongful eviction an assessment and allowance of $2,500. for these general damages is reasonable.
References
- ↑ 1.0 1.1 James v. Da Fonte, 2004 CanLII 10851 (ON SCSM), <https://canlii.ca/t/1gkd2>, retrieved on 2022-03-25
