The appellant landlord appealed a jury award of punitive damages arising from its continuing failure to maintain and repair the respondent's apartment.
The Court of Appeal dismissed the appeal, finding the jury properly identified an independent actionable wrong based on the landlord's highly reprehensible conduct.
The respondent's cross-appeal on costs was allowed, as the trial judge erred in failing to apply Rule 49.10 after the judgment exceeded the respondent's offer to settle.
The respondent was awarded substantial indemnity costs for the trial and costs of the appeal.
