A Comparative Look at Punitive Damages in Canada
17 Supreme Court Law Review (2d) 351-373
23 Pages Posted: 8 May 2017
Date Written: 2002
This paper examine the law of exemplary damage in Canada, with a focus on the developments in the Supreme Court of Canada during the late 80s and early 90s in common law (section I) and during the mid-90s in civil law (Section II). A comparative method is adopted when appropriate, considering foreign common law jurisdictions (Great Britain, Australia, and the United States of America), but mainly comparing Anglo-Canadian common law and Quebec civil law. Section III examines more particularly the reasons of the Supreme Court of Canada in Whiten and the conclusion attempts to draw some lessons for the Quebec civilian jurisdiction.
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