What is the test for punitive damages in a wrongful dismissal action?
Ontario, Canada
The following excerpt is from Colwell v. Cornerstone Properties Inc., 2008 CanLII 66139 (ON SC):
To award punitive damages, the employers’ conduct in dismissing the employee must be “harsh, vindictive, reprehensible and malicious in nature” (Vorvis v. Insurance Corp. of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085 at para. 27).
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