Date: Wed, 8 Nov 2006 12:00:42 -0500

From: Jason Neyers

Subject: Punitive damages for negligence

Lionel wrote:

I do not say this makes sense; I did not write the constitution. But the very rare examples of invalid provincial penal laws are for eg prohibiting streetwalking. Prohibiting negligence or intentional torts is constitutionally OK for a province, and it is constitutionally OK for a province to punish breach of its laws, so it is constitutionally OK to impose punitive damages in tort.

Is there a distinction between the province in its legislative capacity and the province in its judicial capacity perhaps?

--
Jason Neyers
January Term Director
Associate Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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