Aggravated damages do not constitute a new cause of action.
The plaintiff insureds were successful on their application to amend their Statement of Claim to plead aggravated damages in connection with their insurer’s refusal to pay benefits, as the court held that this did not constitute a new cause of action.
Dimartino v. Gacek, [2010] O.J. No. 1453, April 12, 2010, Ontario Superior Court of Justice, C.J. Horkins J.
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