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Date: Tue, 16 Sep 2008 19:46

From: Lionel Smith

Subject: Aggravated and Punitive Damages

 

See also McIntyre v. Grigg (2006), 83 O.R. (3d) 161 (C.A.), where an award of punitive damages in an extreme case of catastrophic injuries caused by impaired driving was upheld by a 2-1 majority, with discussion of the relevance of the fact that it was now clear that no serious criminal sanction would be imposed.  

There was some discussion on ODG at the time.

  

Lionel

  

On 16/09/08 14:31 PM, "Jason Neyers" wrote:

In A. v. Bottrill, the PC was asked to decide whether an award of punitive damages might be given for mere negligence. By a bare majority, they found that it could where that negligence was objectively outrageous.

 

 


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