What are the "nominal damages" awarded in data breach cases?
British Columbia, Canada
The following excerpt is from Tucci v. Peoples Trust Company, 2020 BCCA 246 (CanLII):
“Nominal” damages are damages awarded to acknowledge the commission of a legal wrong where no actual loss is proven: see Davidson v. Tahtsa Timber Ltd., 2010 BCCA 528. In this case, what the judge describes as “nominal damages” are actually to compensate plaintiffs for damage occasioned by the data breach — lost time and inconvenience. While they may prove to be of limited magnitude, such damages are compensatory in nature, requiring proof of loss.
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