Court File and Parties

Court of Appeal for Ontario Date: 2020-03-03 Docket: C67145

Tulloch, Benotto and Jamal JJ.A.

Between: Das Logistics Transport Inc. Plaintiff/Defendant by Counterclaim (Respondent)

And: Artex Environmental Corporation & Tec International Corporation Defendants/Plaintiffs by Counterclaim (Appellant)

And: Kurt Peniston and Firoun Ismail Third Parties

Counsel: Jaspal Sangha, for the appellant Tyler H. McLean, for the respondent

Heard: March 2, 2020

On appeal from the judgment of Justice Gisele M. Miller of the Superior Court of Justice, dated May 29, 2019.

Appeal Book Endorsement

[1] Punitive damages are an exceptional remedy meant to punish wrongful acts that are so malicious that they are worthy of punishment. The motion judge provided no analysis as to why she was “prepared to award punitive damages of $50,000”.

[2] The decision is consequently not capable of appellate review. The appeal is allowed. No costs.