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.

Other Questions


What are the damages for damages for loss of capital loss and loss of value in a personal injury case? (Ontario, Canada)
What is the test for a claim for punitive damages in a defamation action brought by a plaintiff against a defendant who published defamatory material in their statement of defence? (Ontario, Canada)
Is there any case law in which a plaintiff can claim damages from a disability insurance contract for loss of income as a result of a tortfeasor's negligence? (Ontario, Canada)
What is the appropriate range of damages for damages for loss of trees and loss of the value of land? (Ontario, Canada)
Can a plaintiff claim aggravated damages in a motor vehicle accident claim? (Ontario, Canada)
Can a plaintiff claim damages for wrongful termination and damages equivalent to 2 years notice period? (Ontario, Canada)
In what circumstances will a plaintiff be awarded damages for damages that would otherwise have been awarded in the context of a claim for wrongful dismissal? (Ontario, Canada)
Is there any case law in which a plaintiff can claim damages for loss of income as a result of a breach of contract? (Ontario, Canada)
Does a loss of profit or damages based on a increase in the capitalization ratio applied in the valuation of shopping centres after July 2004, or are there any potential losses or damages? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.