Again, most likely the judge went a little too far. In appropriate circumstances, a judge should certainly be able to find for the defendant and award damages (including punatives) and I suppose the defendant would be entitled to set-off the award against their mortgage debt. If that is how it transpired, it may be a good ruling. These damages may be excessive, though. Certainly, this judge will see many of his cases in the appeals court - we'll just have to see what they do with them.
Thanks for finding this Slade - interesting, as always.
Best,
Robert A. Franco
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