What is the test for punitive damages in an action for breach of contract?
Manitoba, Canada
The following excerpt is from McCallum v. Government of Manitoba, 2006 MBQB 114 (CanLII):
The law is well settled that to support an award of punitive damages in an action for breach of contract, there must be an “independent actionable wrong” and an insurer’s breach of the duty of good faith is an actionable wrong independent of a breach of the contractual duty to pay and can form the basis of a claim for punitive damages. See Fidler v. Sun Life (supra), para. 60.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can punitive damages be awarded in a breach of contract case? (Manitoba, Canada)
Is there a new cause of action for punitive damages? (Manitoba, Canada)
Can an undischarged bankrupt maintain an action for damages on a contract for personal services entered into before bankruptcy? (Manitoba, Canada)
Is there a defence to a beneficiary action against the trustee for breach of trust if the beneficiary confirmed or acquiesced in the breach? (Manitoba, Canada)
Is a common law relationship with a plaintiff who is a plaintiff in a fatal accident action for the purposes of calculating damages? (Manitoba, Canada)
Is there a cause of action for inducing breach of fiduciary duty? (Manitoba, Canada)
What is the test for damages for breach of a condition in a commercial property? (Manitoba, Canada)
Can punitive damages be sought in a motor vehicle accident? (Manitoba, Canada)
What is the test for inducing breach of contract? (Manitoba, Canada)
What is the test for general damages in a defamation action? (Manitoba, Canada)
