Transcription of PUNITIVE AND AGGRAVATED DAMAGES FROM A …
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PUNITIVE AND AGGRAVATED DAMAGES FROM A …
PUNITIVE AND AGGRAVATED DAMAGES FROM A DEFENCE PERSPECTIVE Maura Thompson and Alex Neaves, Shillingtons LLP P o s t-Whiten, Ontario courts have been busier than usual dealing with claims for PUNITIVE and AGGRAVATED DAMAGES and we expect this will continue. Starting with the Ontario Court of Appeal decisions of Pereira v. Hamilton Township Farmers Mutual Fire Insurance and Plester v. Wawanesa Mutual Insurance and moving on to more recent decisions in which claims f o r AGGRAVATED or PUNITIVE DAMAGES were made, a review of the caselaw reveals t ha t t he courts remain f a i r l y conservative in their approach to such claims, and that the upper e nd of PUNITIVE DAMAGES established in Whiten v. Pilot Insurance remains in place.
PUNITIVE AND AGGRAVATED DAMAGES FROM A DEFENC E PERSPECTIVE Maura Thompson and Alex Neaves, Shillingtons LLP Post -Whiten, Ontario courts have been busier than usual dealing with claims for punitive and aggravated damages and we expect this will continue.
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