What are the elements of a punitive damages claim?

Saskatchewan, Canada


The following excerpt is from Bekkattla v. Saskatchewan, 2005 SKQB 542 (CanLII):

Mr. Justice Cory in Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130 at para. 196 articulated the essential elements of punitive damages as follows: ¶196 Punitive damages may be awarded in situations where the defendant’s misconduct is so malicious, oppressive and high-handed that it offends the court’s sense of decency. Punitive damages bear no relation to what the plaintiff should receive by way of compensation. Their aim is not to compensate the plaintiff, but rather to punish the defendant. It is the means by which the jury or the judge expresses its outrage at the egregious conduct of the defendant. They are in the nature of a fine which is meant to act as a deterrent to the defendant and to others from acting in this manner. . .

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