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- As per the Supreme Court of Canada’s decision in Whiten v Pilot Insurance Co., 2002 SCC 18, the Court of Appeal affirmed the notion that “there is no basis for an award of punitive damages in the absence of an independent actionable wrong”. (See para. 6).
canliiconnects.org/en/summaries/73980Punitive Damages: Independent Actionable Wrong - CanLII Connects
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Did admission of liability attract punitive damages?
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Apr 12, 2019 · And in majority’s view: “ [T]he appellant’s delay in admitting liability, alone, could not be characterized as egregious misconduct justifying an award of punitive damages. Rather, the appellant, as it was perfectly entitled to do, did not admit liability until the opening of trial.
In determining whether punitive damages should be granted, the court must ask two threshold questions: first, what is the impugned conduct; and, second, whether the impugned conduct rises to the level of egregious
Apr 30, 2019 · In determining whether punitive damages should be granted, the court must ask two threshold questions: first, what is the impugned conduct; and, second, whether the impugned conduct rises to the level of egregious misconduct warranting the exceptional award of punitive damages.
Apr 12, 2019 · In its view, “[t]he admission of liability on the first day of trial was not conduct of a malicious, oppressive or high-handed nature”, so as to attract punitive damages.
Apr 15, 2019 · His Honour noted that a defendant’s denial of liability, without more, does not attract an award of punitive damages, but it may give rise to a considerable costs sanction. It is trite law that no defendant is required to admit liability or settle an action, because it is up to a plaintiff to prove his case no matter how painful the ...
Punitive damages cannot be awarded solely for the failure or delay of a defendant to admit liability. To create such a category of punitive damages would completely undermine the foundation of the litigation process.
Nov 20, 2019 · The paper addresses the principles of vicarious liability and punitive damages. David and Carol-Anne specifically examine a recent decision by the Ontario Court of Appeal in a sexual abuse case.
