What is the test for punitive damages for high-handed, malicious, arbitrary or highly reprehensible misconduct?
Ontario, Canada
The following excerpt is from Leclair v. Ottawa (Police Services Board), 2012 ONSC 1729 (CanLII):
Punitive damages are allowed when there is found to be “high‑handed, malicious, arbitrary or highly reprehensible misconduct that departs to a marked degree from ordinary standards of decent behaviour.” (See Ernst v. Quinonez, supra, at paras. 120-121.)
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