Punitive damages

The plaintiff, Huanyu Shi, sought summary judgment against the defendant, Junxu Chen, for defaulting on a cross-border currency exchange/loan agreement.

The court found that Mr. Chen received substantial funds from Mr. Shi and failed to repay them as agreed, rejecting Mr. Chen’s claims of repayment.

The court awarded Mr. Shi $2,308,309 in damages, declined to award punitive damages, and refused to impose a tracing order or constructive trust.

Substantial indemnity costs and prejudgment interest were also awarded.

The court considered cross-motions for summary judgment between Kishan Patel (and his company TechSpirer Inc.) and ITCAD Tech Inc. regarding unpaid invoices and the enforceability of a non-competition clause in a consulting agreement.

The court found that TechSpirer Inc. was an independent contractor, not an employee, and that the non-competition clause was valid and enforceable.

Damages were awarded to both parties, with the plaintiffs receiving unpaid invoices and punitive damages, and the defendant receiving partial damages for breach of the non-compete.

The court also addressed issues of frustration, repudiation, and costs.

The plaintiff, Ismayil Abbasbayli, challenged his dismissal from Fiera Foods Company, alleging it was a reprisal for whistleblowing and union activity.

The court found that Fiera had just cause for dismissal due to time theft and dishonesty, and that the investigation was adequate.

The court rejected claims of reprisal, found no entitlement to moral or punitive damages, and dismissed the claim for damages against the personal defendants.

The action was dismissed.

The court found for the plaintiff, Hossein Amini-Kouchesfahani, in his civil action against the Toronto Police Services Board for battery and breach of his Charter rights after he was forcibly removed from his taxi and taken to the ground by police.

The court held that the initial stop was lawful, but the subsequent use of force was excessive and unjustified.

The plaintiff was awarded general, aggravated, special, and punitive damages.

The court granted judgment in favour of the plaintiff, Parham Pozhhan, for damages, pre-judgment interest, and substantial indemnity costs arising from the defendant Pedram Pozhhan’s breach of fiduciary duties and misappropriation of trust funds.

The court declined to award punitive damages but found the defendant’s conduct justified substantial indemnity costs.

The decision follows a prior partial default judgment confirming the plaintiff’s sole beneficial ownership of the property at issue.

The court found that William Williamson was wrongfully dismissed by Brandt Tractor Inc. after 18 years of service.

The employer failed to prove just cause for dismissal, relying on hearsay evidence regarding a customer complaint.

The court awarded damages based on a 17-month notice period and dismissed the claim for punitive damages, finding no egregious conduct beyond the statutory breach.

The plaintiff, William Fu, sought judgment for the repayment of funds advanced to the defendants for an investment in Nigerian crude oil.

The court found that the defendants orchestrated a fraud, making false representations to induce Fu to invest, and awarded damages, punitive damages, and costs to the plaintiff.

The court declined to find breach of contract, finding the loss was caused by fraudulent misrepresentation, and issued reasons for the award of substantial indemnity costs.

The court granted summary judgment in favour of Adam Boyle in his wrongful dismissal claim against Salesforce.com Canada Corporation.

The court found the termination clause in Boyle’s employment contract unenforceable due to ambiguity and non-compliance with the Employment Standards Act, 2000.

Boyle was awarded pay in lieu of reasonable notice for eight months (after a three-month reduction for late production of mitigation evidence), pro-rated bonus and RRSP contributions, and benefits.

Claims for aggravated, punitive, and special damages were dismissed.

The plaintiffs moved to amend the Certification Order to permit a claim for punitive damages in a class action concerning PFAS contamination allegedly caused by the National Research Council of Canada.

The court reviewed new evidence suggesting the NRC knew or ought to have known about the contamination earlier than previously established.

The court held that the plaintiffs must first bring a motion to amend their pleadings before the Certification Order could be amended, adjourning the motion to add punitive damages as a common issue until that time.

The plaintiffs, Avante Automobile (2017) Corporation and Francesco Serpa, sought damages from BMW Canada Inc. for breach of statutory, contractual, and common law duties in relation to the purchase and operation of a BMW dealership.

The court found BMW Canada liable for failing to properly document an extension to complete required renovations and for not following the termination provisions of the Retailer Agreement.

However, the court preferred the defendant’s evidence on valuation and found no net recoverable damages.

The action was dismissed, subject to costs.

The court dismissed the appeal by RatesDotCa Group Ltd. (formerly Kanetix Ltd.) from a decision denying leave to further amend its statement of claim to plead that Trader Corporation breached its duty of good faith and honest performance in contractual dealings.

The court found that the proposed amendments raised a new cause of action and a new remedy, both of which were statute-barred under the Limitations Act, 2002.

The court also found no error in the associate judge’s application of the law regarding discoverability and the limitation period.

The appeal was dismissed with costs.

This appeal concerns a commercial dispute between The North West Company LP (NWC) and Classic Furs Company Ltd. (CF) over the supply of coyote furs for use in Canada Goose parkas.

The trial judge found a contract existed and that NWC breached it in several respects, but also found in NWC’s favour on unpaid invoices.

Both parties appealed aspects of the damages assessment and liability findings.

The Court of Appeal allowed CF’s appeal in part, finding that the trial judge erred in concluding that certain furs were delivered, and recalculated damages accordingly, including an award of punitive damages against NWC.

The court considered a wrongful dismissal claim by Jesse Lachapelle against St. Laurent Automotive Group Inc. following his layoff during the COVID-19 pandemic.

The court found that the plaintiff was constructively dismissed on March 24, 2020, and was entitled to seven months’ reasonable notice, with credit for inducement and the impact of the pandemic on employment prospects.

The court rejected the employer’s arguments regarding force majeure and found that the plaintiff was not required to accept substantially altered terms of employment.

The plaintiff was not entitled to aggravated, bad faith, or punitive damages, as the employer’s conduct was not malicious or high-handed.

The court calculated damages based on the plaintiff’s actual earnings and benefits, and dismissed the claim for a construction retention bonus.

The plaintiffs, Albert Carbone and Cathy Horvath, sought default and summary judgment against several defendants for misappropriating their life savings through a fraudulent investment scheme involving a non-existent cannabis business.

The court granted default judgment against Salvatore Boccia, David Shpilt, and 215 Holding Corp. for fraud, conversion, and unjust enrichment, and summary judgment against Rosanna Boccia for fraud, conversion, and oppression.

Punitive damages were awarded against Salvatore Boccia, David Shpilt, and 215 Holding Corp. The court found the conduct to be brazen, intentional, and a marked departure from ordinary standards of behaviour, and held the defendants jointly and severally liable for the losses.

The Court of Appeal for Ontario dismissed the appeal of Facilitate Settlement Corporation, Kai Wu, and Jane Doe from a judgment terminating their residential tenancy and awarding the landlords, Ly Innovative Group Inc. and Meizhang Zhou, over $300,000 in rental arrears and $100,000 in punitive damages.

The appellants argued that the motion judge erred by refusing to sign a draft order reflecting a settlement, failing to recuse himself, and displaying bias.

The Court found no error in the motion judge’s exercise of discretion, no reasonable apprehension of bias, and admitted fresh evidence but found it did not affect the outcome.

The court considered a motion for default judgment by the Bank of Montreal against Andrzej and Associates Property Management Inc. and Miguel Russell.

The claim arose from a dishonoured cheque deposited into the corporate account.

The court found the corporate defendant liable for the amount of the cheque and costs, but declined to find personal liability or fraud against Russell, nor to award punitive damages.

The court discussed the legal standards for default judgment, fraud, oppression under the OBCA, and punitive damages, ultimately granting judgment only against the corporation.

The court considered a motion by the defendant to strike portions of the plaintiff’s statement of claim in a wrongful dismissal action.

The impugned pleadings alleged similar acts of unsafe practices and unfair treatment of other employees.

The court held that these pleadings were relevant and not improper, as they provided context for the plaintiff’s claims and notice to the defendant.

The motion to strike was dismissed, and costs were awarded to the plaintiff.

The court granted default judgment in favour of Dawn Christine Spellman against her brother, Steven Mark Spellman, for breach of fiduciary duty as administrator of their late father's estate.

The decision details Steven's misappropriation of estate assets, failure to account, and disregard for court orders, resulting in an award of general and punitive damages, as well as costs, to Dawn.

The court also ordered that Steven's share of their mother's estate be used to satisfy the judgment.

The court granted summary judgment in favour of the plaintiffs, Nathramdas and Premwattie Chateramdas, declaring that the transfer of their property and a subsequent mortgage were fraudulent instruments under the Land Titles Act.

The court found that Melissa Sanasie fraudulently transferred title to herself and registered a mortgage in favour of RiverRock Mortgage Investment Corporation, using the proceeds for her own benefit.

The court ordered rectification of title, deletion of the mortgage, and awarded punitive damages against Melissa for her egregious conduct, including the production of falsified documents and impersonation of counsel.

The claim against RiverRock was not dismissed, and the claim against Ziba Heydarian will proceed separately.

The court granted default judgment in favour of the plaintiff, Izhak Aliasi-Sini, against Samir Arora and Equinox Arora Realty Inc. for breach of contract arising from a failed real estate transaction.

The court found that the defendants, having been noted in default, were deemed to admit the facts pleaded.

The plaintiff was awarded damages based on the difference between the original and resale prices, legal fees, and punitive damages, with a reduction for lower resale commission.

The court also awarded substantial indemnity costs and prejudgment interest, but declined to award prejudgment interest on the full purchase price due to lack of evidence.