What are the elements of punitive damages?

Saskatchewan, Canada


The following excerpt is from Wegren v. Prince Albert (City), 2004 SKPC 52 (CanLII):

Mr. Justice Cory, in Hill v. Church of Scientology, supra., articulated the essential elements of punitive damages at p. 1208 (para. 196) as follows: “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. It is important to emphasize that punitive damages should only be awarded in those circumstances where the combined award of general and aggravated damages would be insufficient to achieve the goal of punishment and deterrence.”

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