. Render v. ThyssenKrupp Elevator (Canada) Limited
In Render v. ThyssenKrupp Elevator (Canada) Limited (Ont CA, 2022) the Court of Appeal heard a wrongful dismissal appeal, and considered whether to treat litigation misconduct as going towards punitive damages or to costs:
(1) Punitive Damages
[86] In McCabe v. Roman Catholic Episcopal Corp., 2019 ONCA 213, 146 O.R. (3d) 607, this court confirmed that litigation misconduct can be an independent actionable wrong that can give rise to an award of punitive damages: at para. 48. The trial judge declined to deal with the issue in that way, and instead determined that the respondent’s litigation misconduct could be addressed in the context of entitlement to costs. He was entitled to take that approach and his decision on this point is entitled to deference. As this court affirmed in McCabe, punitive damages remain “the exception rather than the norm”: at para. 48.
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