User:Padraic/Vancouver (City) v. Ward

Vancouver (City) v. Ward
Supreme Court of Canada
Hearing: 18 January 2010
Judgment: 23 July 2010
Full case nameCity of Vancouver v. Alan Cameron Ward
Citations2010 SCC 27, [2010] 2 S.C.R. 28
Prior history2-1 judgement for Ward at the British Columbia Court of Appeal.[1]
Holding
Damages are justified where they serve the functions of compensation, vindication, and deterrence, and where private law remedies do not adequately compensate the injured party. Countervailing factors such as good governance may require denying damages even where these functions would otherwise be served.
Court membership
Chief JusticeBeverley McLachlin
Puisne JusticesIan Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron, Marshall Rothstein, Thomas Cromwell
Reasons given
Unanimous reasons byChief Justice McLachlin
Laws applied
Canadian Charter of Rights and Freedoms: section 8, section 9, and section 24

Vancouver (City) v. Ward is the leading case on the granting of monetary damages for violations of the Canadian Charter of Rights and Freedoms.

Facts

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References

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  1. ^ Ward v. British Columbia, 2009 BCCA 23 [1]