AGGRAVATED AND PUNITIVE DAMAGES. A punitive damages award is paid to the plaintiff by the defendant. • The same conduct may give rise to aggravated and/or punitive damages. Punitive damages may be awarded in situations where the defendant's misconduct is so malicious, oppressive and high-handed that it offends the court's sense of decency. Whiten v Pilot Insurance Co, 2002 SCC 18, [2002] 1 S.C.R. The more recent of the two Supreme Court of Canada decisions is Whiten v. Pilot Insurance Co., [2002] 1 SCR 595, 2002 SCC 18 (CanLII). The British Columbia Court of Appeal upheld the award of aggravated damages and awarded Fidler an additional $100,000 in punitive damages. Punitive damages bear no relation to what the plaintiff should receive by way of compensation. The case related to the oppressive conduct of an insurance company in dealing with the policyholders' claim following a fire. June 12, 2020. Punitive damages are effective in regulating the behaviour of Canadian physicians; but, don’t let the many stipulations or the behaviour of the CMPA dissuade you from filing a medical malpractice suit should you suffer injury at the hands of your doctor or other healthcare provider. The range for aggravated damages is between $10,000 and $100,000, and the range for punitive damages is between $50,000 and $1 million. Aggravated & Punitive Danages 1 Nelligan O’Brien Payne LLP www.nelligan.ca. As the numbers currently stand in Canada, the upper limit for non-pecuniary damages is approximately $360,000. Punitive damages must bear a reasonable relationship to the harm caused by the wrongdoer's actions, and are reserved only for situations in which the wrongdoer acted intentionally, recklessly, or with gross negligence in causing the claimant's harm. The leading cases on the award of punitive damages are two Supreme Court of Canada cases, both cited by Judge Yake in Wilderdijk-Streutker v Zhao (at paras 88-89). While it is common for a plaintiff to be awarded money to pay for a wrong committed by the defendant, such as money to pay medical bills, or for property damage, punitive damages are awarded only for the purpose of punishing the defendant for his conduct. An employer is obligated to act fairly and in good faith towards their employees. Negligent conduct can only attract punitive damages if the misconduct in question was intentional and deliberate and was extreme in nature and such that by any reasonable standard it is deserving of full condemnation and punishment. • Aggravated damages are compensatory while punitive damages are intended to be punishment for wrongdoing. The Supreme Court of Canada affirmed the award of aggravated damages and provided valuable comments on the nature of aggravated damages. If an employer treats an employee maliciously, or intentionally breaks the law, Courts can punish that employer by awarding the employee what is called “punitive damages”. Overview. June 2006. Abstract. — The History and Treatment of Damages in Canada. The Test for the Award of Punitive Damages. In this article we will set out some of the circumstances under which punitive damages are awarded, the kinds of behaviour … 595 is a leading Supreme Court of Canada decision on the availability of punitive damages in contract. Punitive damages should only be awarded in exceptional cases, where the defendant has engaged in extreme misconduct. aggravated damages but was denied punitive damages. This paper examine the law of exemplary damage in Canada, with a focus on the developments in the Supreme Court of Canada during the late 80s and early 90s in common law (section I) and during the mid-90s in civil law (Section II). Patricia J. 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