What is the test for punitive damages in a case brought by the Church of Scientology?

Ontario, Canada


The following excerpt is from Pro-C Ltd. v. Computer City Inc., 2001 CanLII 7375 (ON CA):

As to punitive damages, it suffices to observe that, accepting the factual findings of the trial judge and, assuming liability, I would not consider the conduct of the defendant appellant to be so "malicious, oppressive and high-handed that it offends the court's decency" and thus deserving of a punitive judgment award. See Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130, 126 D.L.R. (4th) 129.

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