Ivan Henry obtained a Charter damages award of approximately $8 million against the Province of British Columbia. The Province sought and obtained an order that the settlement monies of over $5 million paid by the Provinces co-defendants, the City of Vancouver and Canada, should be deducted from Mr. Henry’s Charter damages award.
Mark Andrews QC and Daniel Byma of Fasken represented the Province on appeal and succeeded in having the appeal dismissed. The BC Court of Appeal held that the settlement monies were properly deducted from Mr. Henry’s award. This is the only Charter damages case that deals with the deductibility of settlement amounts and the common law principals against double recovery and arose in the context of what remains the largest Charter damages award made by Canadian courts."