Punitive Damages in Civil Trials where there has been no Criminal Penalty

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Punitive Damages in Civil Trials where there has been no Criminal Penalty

Punitive damages are awarded to a successful civil plaintiff when the defendant’s misconduct is so outrageous that such damages are rationally required to act as a deterrent.

Hill v. Church of Scientology of Toronto et al., [1995] 2 S.C.R. 1130, at para. 197.

Non-pecuniary damages may be enough to accomplish the goals of, deterrence denunciation, and punishment.

Notwithstanding, the fact that a civil defendant has not been punished criminally for his morally reprehensible behaviour may be relevant to whether (and the extent to which) punitive damages are needed to denounce that behaviour.  

Zando v. Ali, 2018 ONCA 680, at para. 24.

By |August 12th, 2018|Categories: Stuart O'Connell Criminal Blog|Comments Off on Punitive Damages in Civil Trials where there has been no Criminal Penalty

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Stuart O'Connell
Stuart is Lead Counsel at O’Connell Law Group - and works in association with the Firm.
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