Other
recent punitive damage awards in employment cases have been lower.
Not exact matches
A
recent Supreme Court of British Columbia decision reveals that an
award for aggravated and / or
punitive damages is not automatic where termination for cause is not justified and upheld by the court.
Alabama juries alone have twice
awarded punitive damages of $ 100 million in product liability cases in
recent years.
However, those claims that do succeed have resulted in noticeably larger
punitive damage awards in
recent years.
The decision in Gordon v Altus is another example of the noticeable trend in
recent years for courts to
award significant
punitive damage awards in situations where an employer has acted in a malicious manner in the way in which in deals with its former employees.
One need only compare that against the
recent case of Boucher v. Wal - Mart Canada Corp., 2014 ONCA 419 (CanLII), summarized by this blog in the post Wal - Mart Rolls Back
Award of
Punitive Damages, which must now be considered the high - water mark for aggravated damages for bad behaviour in empl
Damages, which must now be considered the high - water mark for aggravated
damages for bad behaviour in empl
damages for bad behaviour in employment.
Although still far below the multi-million dollar
awards occasionally
awarded by courts in the United States, there have been several employment law cases in
recent years that have
awarded the dismissed employees six - figure
punitive damage awards in addition to wrongful dismissal
damages.
The most significant
recent development in
punitive damages awards in the context of employment law is the willingness of judges and juries to
award significantly higher
damage awards than in the past.
In a
recent decision, the Ontario Court of Appeal
awarded a totally disabled man the sum of $ 236,773 in unpaid long - term disability benefits, $ 200,000 in
punitive damages and $ 25,000 in
damages -LSB-...]
In
recent years the Supreme Court has put restrictions on the size of
punitive damages awards and limited the use of
awards to punish broader conduct outside the scope of a particular case.
It was highly doubtful that the court would allow an
award of $ 1,000,000 to stand given the court's
recent decision in Pate Estate v. Galway - Cavendish and Harvey (Township), 2013 ONCA 669, considered by this blog in the post Wrongful Dismissal
Damages Carry
Punitive Elements: ONCA.
In the world before the Supreme Court's
recent Philip Morris decision, the risk of giving the plaintiff — who might only be one of many victims of the defendant's conduct — the entire
punitive damages award was that it would more likely undermine the state's in - terest in ensuring a fair distribution of both compensatory and retributive
damages for oth - ers, since a crippling retributive
damages award might impair the availability of adequate compensation funds (or
punitive damages) for future claimants.
[10] Moreover, most American jurisdictions have in
recent decades required that
punitive damages be
awarded only if the plaintiff has proven the defendant's culpable state of mind with «clear and convincing evidence,» rather than the traditional, «preponderance of the evidence» standard.
The decision was viewed as a victory for business — including the real estate industry — which had complained in
recent years about escalating jury
awards for
punitive damages.