The following excerpt is from Sagl v. Cosburn, Griffiths & Brandham Insurance Brokers Limited, 2007 CanLII 36644 (ON SC):
In Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130, at para. 196, the court enunciated the test for punitive damages: Punitive damages are awarded against a defendant in exceptional cases for ‘malicious, oppressive and high-handed’ misconduct that ‘offends the court’s sense of decency.’
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