Can a plaintiff claim punitive or exemplary damages for non-compensatory losses?
Ontario, Canada
The following excerpt is from George Estate v. Harris, 2001 CanLII 28235 (ON SC):
As the plaintiffs in Lord v. Downer asserted a purely statutory cause of action that limits recovery to pecuniary losses and certain specified non-pecuniary compensatory losses, the court could see no basis for allowing them to claim punitive or exemplary damages that are plainly non-compensatory in nature. The court applied essentially the same analysis and came to the same conclusion with respect to aggravated damages.
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