What are the damages for "malicious, oppressive and high handed" conduct of defendant Smardenka?
Ontario, Canada
The following excerpt is from DiGiorgio v. Smardenka, 2004 CanLII 33311 (ON SC):
These damages are awarded in civil actions in which the conduct of the defendant has been “so malicious, oppressive and high handed that it offends the court’s sense of decency”. Manning v. Hill (1985) 1995 CanLII 59 (SCC), 126 D.L.R. (4th) 129 (S.C.C.). In this case the conduct of Smardenka was aggressive and excessive, but not so malicious, oppressive and high-handed as to attract punitive damages. Plaintiff’s Claim
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