Simon's Legal Resources

Insurance - Auto - Punitive Damages

. Gutierrez v. Security National Insurance Company

In Gutierrez v. Security National Insurance Company (Ont Div Ct, 2025) the Ontario Divisional Court considered the availability of punitive damages, here in a JR of a LAT SABS decision:

[17] The Legislature specifically excluded punitive damages from the available remedies to address insurer misconduct. Since punitive damages were unavailable at the Tribunal, it follows that a judicial review cannot be used to indirectly grant a common law remedy that was intentionally excluded by the Legislature: Keulen v Allstate Insurance Co., 2024 ONSC 2033 at paras 14-20 (Div. Ct.). Had punitive damages been available, this would not be an appropriate case to have awarded them.

. Syed v. Security National Insurance and Licence Appeal Tribunal

In Syed v. Security National Insurance and Licence Appeal Tribunal (Div Court, 2024) the Divisional Court dismisses a LAT SABS JR, here involving a 'catastrophic impairment' claim [under SABS s.3.1(1) and 45].

The court holds that the LAT has no punitive damages jurisdiction:

[79] There was no error of law in finding that LAT had no jurisdiction to award punitive damages: Stegenga v. Economical Insurance Company, 2019 ONCA 615 at para.17; Keulen v. Allstate Insurance Company, 2024 ONSC 2033.