Court File and Parties

Court File No.: CV-21-0004-00 Date: 2024-05-06 Ontario Superior Court of Justice

Between: Estate of Hermina Fletcher et al, Plaintiffs And: Lindsey Coyle, Defendant

Counsel: D. Judson, for the Applicant Unrepresented, for the Defendant

Heard: February 1 and April 23, 2024 at Thunder Bay, Ontario via ZOOM.

Before: Regional Senior Justice W. D. Newton

Decision On Motion

Fletcher Punitives

[1] By reasons dated November 29, 2023 I gave judgment in favour of the plaintiffs against the defendant for $130,000 including costs. I adjourned the plaintiffs’ request for punitive damages until Ms. Coyle had been sentenced as s. 4(4) of the Victim’s Bill of Rights, 1995 provides that a judge shall take the sentence imposed into consideration before ordering punitive damages.

[2] On January 16, 2024, Joubert J. of the Ontario Court of Justice sentenced the Ms. Coyle to two years imprisonment in relation to the criminal charge of criminal negligence causing death.

[3] The Estate now seeks punitive damages against Ms. Coyle in the amount of $75,000 in addition to the damages already awarded.

[4] Disposition of this motion was deferred pending receipt of the reasons for sentencing.

[5] On April 23, 2024, counsel appeared before me with further affidavit evidence from Ms. Fletcher setting out that reasons for sentence are not yet available and that Ms. Coyle has appealed her sentenced to the Court of Appeal.

[6] Further, Ms. Fletcher deposed that, as of April 18, 2024, she has been informed that Ms. Coyle has applied for parole after serving approximately three months of her sentence.

[7] To avoid further delay of this decision, counsel has requested that I release my decision with respect to punitive damages without further delay. I agreed that it is appropriate to do so. What is important in the assessment of punitive damages is the penalty. While explaining the rationale for the penalty, the reasons are not necessary to determine whether punitive damages should be awarded.

[8] On April 29, the written reasons for sentence were delivered and I have carefully reviewed those reasons.

[9] As those reasons for sentence indicate the position advanced by counsel for Ms. Coyle was that she should receive a suspended sentence plus three years probation. The position advanced by the Crown was that a penitentiary sentence of two years imprisonment would be appropriate. After considering all the aggravating and mitigating factors Justice Jourbert imposed a sentence of two years imprisonment. He noted that Ms. Coyle is the mother of three children range in age from nine years to one year. She has lost her profession as a nurse.

[10] Punitive damages are designed to punish a defendant and to deter the defendant and others by addressing the objectives of retribution, deterrence, and denunciation. As the Supreme Court of Canada noted, one of the factors to be considered when deciding whether to award punitive damages is whether the defendant has already been subjected to punishment by a criminal court for an offence arising out of substantially the same facts. Although the imposition of a criminal punishment on a defendant will not act as an absolute bar to punitive damages, it is a factor to be considered, indeed, a factor of “potentially great importance”: Whiten v. Pilot Insurance Co., 2002 SCC 18, [2002] 1 S.C.R. 595 at para. 69 (Whiten); Jefflin Investments Limited v. Charendoff, 2009 ONSC 69795 at para. 21.

[11] As also noted in Whiten, punitive damages are the exception rather than the rule, and, where awarded, should be proportionate to such factors as the harm caused, the degree of misconduct, and the relative vulnerability of the injured party.

[12] Another factor is how the combination of compensatory damages, punitive damages and any other punishment related to the conduct contributes to achieving the objectives of retribution, deterrence, and denunciation. John Doe v. O'Dell, 2003 ONSC 64220 at para. 352.

[13] In this case, compensatory damages and costs totaling $130,000 has been ordered against Ms. Coyle. She was sentenced to a term of imprisonment of two years. Although she has appealed her sentence, she pleaded guilty, and a conviction was entered. If her sentence appeal proceeds, it will be the Court of Appeal who will determine the fit sentence. Her conduct resulted in her being charged criminally, her guilty plea, and her sentence. She lost her employment.

[14] Her victim was vulnerable and suffered as a result of the actions of Ms. Coyle who falsified medical records to acquire opiates for her own use.

[15] I appreciate the anguish suffered by Ms. Fletcher’s family. However, in this case, I am satisfied that the combination of compensatory damages ($130,000) and the prison sentence (two years) achieves the objectives of retribution, deterrence, and denunciation.

[16] The motion for punitive damages is dismissed. There will be no order as to costs.

“originally signed”

The Hon. Justice W. D. Newton, R.S.J. Released: May 6, 2024