Can punitive damages be certified as a common issue for the first common issues trial?

In Boulanger v. Johnson & Johnson Corp., [2007] O.J. No. 179 (S.C.J.), leave to appeal ref’d [2007] O.J. No. 1991 (S.C.J.), Justice Macdonald certified punitive damages as a common issue. On this issue, she stated at para. 48 of her judgment: The defendants assert that it would be unfair to determine the entitlement to and quantum of punitive damages at a common issues trial before compensatory damages have been assessed, since punitive damages require a finding of compensatory damages. It is the defendants' position that if punitive damages are to be certified as a common issue, it should be certified for a second common issues trial that would follow the individual issues trial. The representative plaintiff concedes that it may be appropriate to assess the quantum of punitive damages following an assessment of compensatory damages, but that a prima facie entitlement to punitive damages can be certified as a common issue for the first common issues trial. I accept the submission of the representative plaintiff in this regard, though I emphasize that I make no finding on the merits of the claim for punitive damages.