Is there a new cause of action for punitive damages?
Manitoba, Canada
The following excerpt is from J-Sons Inc. v. N. M. Paterson & Sons Limited, 2009 MBQB 263 (CanLII):
In my view, the plaintiff’s proposed amendments to introduce the claim for punitive damages is a new cause of action. As I indicated previously, counsel for the plaintiff agreed that McIntyre J.’s reference to an actionable wrong in Vorvis v. Insurance Corporation of British Columbia is synonymous to a new cause of action. It is his submission, however, that the awarding of punitive damages for an actionable wrong is a new cause of action only in cases based on breach of contract.
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