Can punitive damages be awarded in a breach of contract case?

Manitoba, Canada


The following excerpt is from J-Sons Inc. v. N. M. Paterson & Sons Limited, 2009 MBQB 263 (CanLII):

It is the position of the defendant that the learned master erred in this conclusion in that there is nothing in the Whiten v. Pilot Insurance Co. decision that limits the awarding of punitive damages to breach of contract cases. To the contrary, Binnie J. in Whiten v. Pilot Insurance Co. (at paras. 36 and 67) (hereinbefore referred to at para. 26) has in effect indicated that punitive damages can be awarded in any civil action in which the defendant should be punished in addition to the plaintiff being compensated for a wrong done to the plaintiff.

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