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In Canada, punitive damages may be awarded in exceptional cases for "malicious, oppressive and high-handed" misconduct. [7] The Supreme Court of Canada set out 11 principles to guide judges and juries for awarding punitive damages in the leading case Whiten v Pilot Insurance Co 2002 SCC 18.
Whiten v Pilot Insurance Co, 2002 SCC 18, [2002] 1 S.C.R. 595 is a leading Supreme Court of Canada decision on the availability of punitive damages in contract. The case related to the oppressive conduct of an insurance company in dealing with the policyholders' claim following a fire.
Honda Canada Inc v Keays, 2008 SCC 39, [2008] 2 SCR 362 is a leading case of the Supreme Court of Canada that has had significant impact in Canadian employment law, in that it reformed the manner in which damages are to be awarded in cases of wrongful dismissal and it declared that such awards were not affected by the type of position an employee may have had.
Cinar Corp v Robinson [2] is a leading case of the Supreme Court of Canada in the field of copyright law, which has impact in many key aspects of it, including: how to assess if a "substantial part" of a work has been reproduced, the assessment of damages for infringement including accounting of profits, non-pecuniary damages and punitive damages,
aggravated damages did not apply. as Vorvis held that any damages beyond compensation for breach of contract for failure to give reasonable notice "must be founded on a separately actionable course of conduct." [17] [18] Wallace appealed the ruling to the Supreme Court of Canada as to whether: [19] a fixed-term contract existed,
Generally, punitive damages, which are also termed exemplary damages in the United Kingdom, are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.
The lawsuit also seeks for $100 million in punitive damages. Loblaws and George Weston Limited agreed to pay $500 million to settle this lawsuit in July 2024, while the class action lawsuit against Canada Bread, Sobeys, Metro, Walmart Canada and Giant Tiger remains ongoing. [12]
Canadian tort law is composed of two parallel systems: a common law framework outside Québec and a civil law framework within Québec, making the law system is bijural, as it is used throughout Canadian provinces except for Québec, which uses private law.