What is the test for punitive damages in the context of fiduciary obligations?
Ontario, Canada
The following excerpt is from Glionna v Stiller, 2015 ONSC 2431 (CanLII):
Further, an award of punitive damages ought to be imposed only where other damages are insufficient to accomplish the objectives of retribution, deterrence and denunciation: Whiten v. Pilot Insurance Co., at para. 94. Given the importance of fiduciary obligations, I have already made an award that encompasses these objectives to the extent called for in this case.
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