Can a plaintiff plead for punitive damages in a prayer for relief?
Ontario, Canada
The following excerpt is from Cyr v Calypso Park Inc., 2017 ONSC 1753 (CanLII):
The motion judge did not allow the third category of proposed amendments, which she concluded were intended to support a claim for punitive damages. The plaintiff had not claimed punitive damages in the prayer for relief and asserted that she could advance a claim for punitive damages without specifically pleading it. The trial judge disagreed and determined Whitten v. Pilot Insurance Co., [2002] SCC 18, made it clear that punitive damages must be expressly pleaded.
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