What are the consequences of high-handed or arrogant conduct of the Manorgate defendants?
Ontario, Canada
The following excerpt is from McClean v. Manorgate Estates, 2010 ONSC 949 (CanLII):
Without deciding the issue of whether the Manorgate defendants conduct amounted to such high-handed or arrogant conduct that the plaintiffs would be entitled to exemplary or punitive damages, because the plaintiffs have not pleaded their entitlement to exemplary or punitive damages in respect of such conduct, in my view, they are not entitled to claim it: DiGiorgio v. Smardenka, [2004] O.J. No. 4147 (S.C.J.) at paras. 34-37. This is particularly so where, as in this case, the Manorgate defendants have admitted liability on the basis of the claim as pleaded against them.
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