What is the test for punitive damages in a personal injury case?

Ontario, Canada


The following excerpt is from Kennedy v. Manufacturers Life Insurance Co., 2003 CanLII 32544 (ON SC):

The rule appears in the headnote to Guarantee Trust v. Public Trustee, 20 O.R., 2nd, 243 as follows: “While any uncertainty about the plaintiff’s entitlement to punitive damages should be left to the trial judge rather than disposed of at the pleading stage, allegations said to be relevant to the punitive damage claim must relate to the loss or damage actually sustained by the plaintiff. To decide otherwise would permit any and all allegations of outrageous conduct in cases where punitive damages are claimed even though such conduct may bear no relationship to the real or compensatory damages or the manner in which they were caused.”

Other Questions


What are the categories for punitive damages in a personal injury case? (Ontario, Canada)
What is the test for assessing punitive damages in a personal injury case? (Ontario, Canada)
What is the test for a claim for aggravated or punitive damages in a personal injury case? (Ontario, Canada)
What is the legal test for disbursements of personal injury compensation in personal injury cases? (Ontario, Canada)
What is the current state of the law on personal injury representation in personal injury cases? (Ontario, Canada)
How have the courts in Canada dealt with the issue of personal injury cases involving personal injury claims? (Ontario, Canada)
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 damages for irreparable damage in a personal injury case? (Ontario, Canada)
What is the test for a judge to order personal costs against counsel in a personal injury case? (Ontario, Canada)
What is the effect of the trial judge's decision not to award damages in a personal injury case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.