Punitive damages are an exceptional award made not to compensate the plaintiff but to punish and denounce conduct that represents a marked departure from ordinary standards of decent behaviour. The Supreme Court of Canada set out the governing principles in Whiten v Pilot Insurance Co, 2002 SCC 18, [2002] 1 SCR 595, emphasizing that such awards are reserved for high-handed, malicious, or reprehensible conduct and must remain proportionate and rational.
Punitive damages are rare in medical malpractice cases, because ordinary negligence, however serious its consequences, does not usually meet the threshold of reprehensible conduct. They become a live issue where the alleged wrong goes beyond a clinical error, for example a deliberate cover-up, falsification or destruction of records, or conduct involving dishonesty or abuse. Where awarded, the amount is set at the least sum necessary to achieve the objectives of punishment, deterrence, and denunciation.
Posts tagged Punitive Damages analyze Ontario decisions addressing claims for punitive damages in the medical and healthcare context.
A cosmetic surgery clinic recorded patients in consultation rooms and the operating room without telling them. In J.C. v Jugenburg, 2026 ONSC 3061, the court awarded $21.5 million in aggregate damages and $1 million in punitive damages, and clarified how intrusion upon seclusion applies inside the doctor-patient relationship.
OPSDT accepts joint submission for permanent resignation after physician surreptitiously drugged a patient/employee with Rohypnol and Lorazepam, then self-administered to evade detection.
A BC court certified a class action against a hospital that allegedly hired an imposter nurse. Some causes of action were certified; others were left to individual claims.
Free, confidential consultations. Paul reviews every potential case personally and tells you honestly whether it merits investigation.