What is the test for punitive damages in the employment context?
Canada (Federal), Canada
The following excerpt is from Spruce Hollow Heavy Haul Ltd. v. Madil, 2015 FC 1182 (CanLII):
The test for awarding punitive damages in the employment context is three-pronged. First, as noted earlier, the employee must show that the defendant’s conduct is reprehensible, meaning that it is malicious, oppressive and high-handed: Whiten, above at para. 36; Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 at para. 79, 120 O.R. (3d) 481.
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