PUNITIVE DAMAGES IN TORT
AbstractBefore Rookes v. Barnard was handed down by the House of Lords in 1964, there was a long and respectable history of the award of punitive or exemplary damages in Anglo-Canadian law. Is the Canadian judiciary bound by policy and doctrine to accept Lord Devlin’s approach in that case? The author looks to other jurisdictions in order to determine the proper course for the law in Canada to adopt. He concludes that Canadian courts should strike out on their own, in opposition to English development of punitive damages, without at the same time jettisoning all that has been previously derived from English precedent.
Keywords:Damages, Tort Law
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