In what circumstances will a court decline to certify punitive damages?
Ontario, Canada
The following excerpt is from Papassay v The Queen (Ontario), 2017 ONSC 2023 (CanLII):
In Robinson v. Medtronic Inc., [2009] O.J. No. 4366 at para. 167, the court also declined to certify punitive damages because the extent of harm caused by the defendant was not known at certification. However, the motions judge indicated that the matter could be considered after individual assessments of causation and damages.
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