The Supreme Court of British Columbia ruled a few weeks ago, in McDonald v. Queen of the North, that a plaintiff cannot obtain punitive damages for violation of Canada’s Marine Liability Act. This seems consistent with other opinions suggesting a generally restrictive approach towards punitive damages in Canada. I would love to know if anyone has conducted research to determine whether Canadian citizens are victims of malicious and oppressive conduct more frequently than U.S. citizens, as a result of the fact that tortfeasors in Canada don’t have to worry about the threat of blockbuster punitive damages.
Foreign Courts
Supreme Court of British Columbia: No Punitive Damages Under Marine Liability Act
January 5, 2009
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