In a medical malpractice action against Medtronic, in what circumstances will punitive damages be awarded?
Ontario, Canada
The following excerpt is from Peter v. Medtronic, Inc.; Robinson v. Medtronic, Inc., 2010 ONSC 3777 (CanLII):
In Robinson v. Medtronic, the representative plaintiffs in a class proceeding appeal the order of Perell J. dated October 20, 2009, in which he refused to certify the issue of punitive damages as a common issue, and he ordered bifurcation of discovery and trial of two issues relating to quantification of compensation for waiver of tort.
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