42 | fall 2015 mbabc.ca MORTGAGEBROKER
clientconfidential
■ the nature, incidence and occasion of the defendant's wrongful act;
■ the effect of the wrong on the plaintiff 's health, welfare, social,
business or financial position;
■ any relationship, whether domestic or otherwise, between the parties;
■ any distress, annoyance or embarrassment suffered by the plaintiff
arising from the wrong; and
■ the conduct of the parties, both before and aer the wrong, including
any apology or offer of amends made by the defendant.
Applying these factors in this case, the Court awarded the customer
judgment in the amount of $2,000. e winner of a civil case generally
also gets a part of their legal costs from the losing party.
e customer had claimed the following damages but did not
prove any of them:
■ $150,000 for breach of privacy, breach of contract, breach of
confidentiality, breach of duty of care and negligence;
■ $200,000 for causing endangerment to life
and property;
■ $35,000 for punitive damages;
■ $75,000 for aggravated damages;
■ $102,000 for legal costs; and
■ $40,000 for personal costs.
Because of the divided success in the case, neither the customer nor
the Bank were entitled to any costs of the court action from the other.
