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Whiten v Pilot Insurance Co., 2002 SCC 18, [2002] 1 SCR 595

Facts:

D denied an insurance claim by P only to try to make her accept a settlement. CA awarded P punitive damages

Issue(s):

Was the claim for punitive damages properly pleaded?

Ratio:

Punitive damages need to be pleaded & supported by material facts specifying the conduct complained of

Analysis:

D says punitive damages were not pleaded in this case – they say the material facts for such an award were not in the pleadings
**Some case law suggests that you don’t need to plead punitive damages – BUT this overlooks that someone should have advance notice of the charge against them – this can only be happen if punitive damage are pleaded
**ON Civ Pro rules require that punitive damage be pleaded explicitly

P asked for punitive damages in the SoC – if D was in doubt of facts giving rise to this they should have asked for particulars

Holding:

P is entitled to punitive damages

Comments:

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 – meant to punish outrageous conduct


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