January 5, 2009

Supreme Court of British Columbia: No Punitive Damages Under Marine Liability Act

The Supreme Court of British Columbia ruled a few weeks ago, in McDonald v. Queen of the North, that a plaintiff cannot obtain punitive damages for violation of Canada's Marine Liability Act. This seems consistent with other opinions suggesting a generally restrictive approach towards punitive damages in Canada. I would love to know if anyone has conducted research to determine whether Canadian citizens are victims of malicious and oppressive conduct more frequently than U.S. citizens, as a result of the fact that tortfeasors in Canada don't have to worry about the threat of blockbuster punitive damages.