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Whiten v. Pilot Insurance Co., 2002 SCC 18


Fire burnt down Ps house. D refuses to pay saying they torched their own house. This is what the fire chiefs claimed. Jury found arson claim was unsustainable and in bad faith


Should punitive damages be awarded, and if so, what amount?


Punitive damages are awarded in cases where there was a duty to act in good faith. You must have bad faith to get punitive damages. (Gets around actionable wrong – just breach of good faith is a wrong).
Damages have to be proportional to the judgment and it must also be rational.


3 objectives of punitive damages:
Punitive damages can be awarded in the absence of an accompanying tort.


This is an exceptional case that justified exceptional remedy – 1 million punitive damages

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