Can punitive damages be awarded in a class action?
Ontario, Canada
The following excerpt is from Defazio v. Ontario (Labour), 2007 CanLII 7403 (ON SC):
With respect to (i) , as causation and damages are not a common issue, I question how punitive damages can be. …[T]he preferability requirement has two concepts at its core. The first is whether or not the class action would be a fair, efficient and manageable method of advancing the claim. The second is whether the class action would be preferable to other reasonably available means of resolving the claims of class members. Cloud v. Canada (Attorney General) at para. 73.
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