Date: Thu, 26 Jul 2007 19:37

From: Jason Neyers

Subject: Punitive damages for breach of contract

From the report, it appears she should have had a punitive costs award made against her since her recovery (even with the punitive damages) was well below the $10,000 settlement offered by Rogers. Lucky she was in small claims court.

Lionel Smith wrote:

Law professor Susan Drummond got punitive damages for breach of contract in Drummond v. Rogers Wireless Inc., [2007] O.J. No. 1407; there is a newspaper account here.

She was engaged in a battle with Rogers over fraudulent calls made on her phone after it was stolen, and they cancelled her 11-year-old son’s phone in response to her refusal to pay. The small claims judge awarded $800 in compensation for breach of contract, and $2,000 in punitive damages.

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

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