In what circumstances will a court certify a common issue on waiver of tort but not award punitive damages?

British Columbia, Canada


The following excerpt is from Koubi v. Mazda Canada Inc., 2010 BCSC 650 (CanLII):

In Robinson v. Medtronic (2009), 80 C.P.C. (6th) 87 (Sup. Ct.), Perell J. certified a common issue on waiver of tort but did not certify the issue of punitive damages. His comments at paras. 188-90 are apt:

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