Ger

Thanks for your post. It`s a subject of great interest to me as well.

I have two Canadian cases that might be of interest.

The first is Richard v. Time, Inc. (2012) involving Canada’s consumer protection statute. The court gives some guidance on when punitive damages are appropriate under the act. The case is here:
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/7994/index.do

The second is very new, but may be less relevant to you. It is Bank of Montreal v. Marcotte (2014) and concerns punitive damages under a provincial (in this case Québec) consumer protection statute. Much of the case is taken up with the constitutional question of whether provincial law applies to federally chartered institutions, but once that is resolved in favour of the class, the court goes on to consider the claim for punitives. That case is here:
https://scc-csc.lexum.com/scc-csc/scc-csc/en/14352/1/document.do

I`d be interested in knowing what else you or others have on this subject.

Thanks.

Matt


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Matthew P. Harrington
Professeur titulaire

Faculté de droit
Université de Montréal
3101 chemin de la Tour
Montréal, Québec H3T 1J7
514.343.6105
www.droit.umontreal.ca
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From: Gerard Sadlier<mailto:gerard.sadlier@gmail.com>
Sent: ‎Monday‎, ‎January‎ ‎26‎, ‎2015 ‎7‎:‎21‎ ‎AM
To: obligations@uwo.ca<mailto:obligations@uwo.ca>

Hi all,

Is anyone aware of cases laying down the proper approach to the
assessment of exemplary or aggravated damages in consumer cases?
Especially interested in cases concerning the Unfair Commercial
Practices Directive but cases giving guidance more generally would
also be most welcome.

I think I raised this previously on the list so apologies for the repetition.

Kind regards

Ger