What is the test for certifying punitive damages issues?
British Columbia, Canada
The following excerpt is from Cantlie v. Canadian Heating Products Inc., 2017 BCSC 286 (CanLII):
As punitive damages are only available if all other penalties are found to be inadequate, claims for such damages would need to till resolution of any individual trials after the proposed common issues trial. This is not, however, fatal to certification of this issue. Indeed, as was noted by our Court of Appeal in Chalmers v. AMO Canada Company, 2010 BCCA 560, the fact that determination of the entitlement and quantification of punitive damages cannot be determined until conclusion of the individual trials does not preclude certification of a punitive damages issues:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a court certify a common issue on waiver of tort but not award punitive damages? (British Columbia, Canada)
Is there any case law in which a plaintiff was awarded damages including exemplary or punitive damages against Andersen? (British Columbia, Canada)
In what circumstances will a court issue a special levy to repair a damaged or damaged property? (British Columbia, Canada)
What are the issues costs for a party who is substantially successful on a discrete issue or issue? (British Columbia, Canada)
Can punitive damages be a common issue in civil law? (British Columbia, Canada)
Can a common issue or issue be tried in advance of individual issues? (British Columbia, Canada)
What is the test for punitive damages against the Church of Scientology? (British Columbia, Canada)
What is the proper measure of damages for damages where a defect in a motor vehicle is not disclosed? (British Columbia, Canada)
What is the test for punitive damages in a case brought by a plaintiff against the Church of Scientology? (British Columbia, Canada)
Can a plaintiff add a common issue addressing whether the mortgage provisions in issue are illegal or contrary to public policy? (British Columbia, Canada)
