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.


Stuart O’Connell, O’Connell Law Group, www.leadersinlaw.ca (all rights reserved to author)

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