Is there any added tortious conduct or punitive damages for the Starr Toof?
Ontario, Canada
The following excerpt is from J B Printing Ltd. v. 829085 Ontario Ltd., 2003 CanLII 19834 (ON SC):
This is not a case where punitive or exemplary damages are warranted. There is no added tortious conduct as required under Vorvis v. CIBC (1989) 1989 CanLII 93 (SCC), 58 DLR (4th) 193. Punitive damages can only be awarded in respect of an actionable wrong, and such award should be very rare in contract cases. As McIntyre J. said at 208, “Punitive damages may only be awarded in respect of conduct which is of such a nature as to be deserving of punishment because of its harsh, vindictive, reprehensible and malicious nature.” I can find nothing in the conduct of the Starr Toof which falls within this type of conduct.
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