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ARTICLE · 22 OCTOBER 2020

Can LAT Award Punitive Damages?

McCague Borlack LLP
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On September 23, 2020, the License Appeal Tribunal ("LAT") released a ruling that it does not have jurisdiction to award punitive damages.

CanadaInsurance
Catherine Korte
Catherine Korte
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On September 23, 2020, the License Appeal Tribunal (“LAT”) released a ruling that it does not have jurisdiction to award punitive damages.1

The Applicant filed a motion to the LAT requesting that a claim for punitive damages be added as an issue in dispute on the basis of an alleged privacy breach.

Both the Applicant and Respondent cited Stegenga v Economical Mutual Insurance Company2 in their submissions as to whether the LAT has jurisdiction to award punitive damages.

The Ontario Court of Appeal in Stegenga dealt with a fact scenario in which the Plaintiff (respondent in the appeal) brought a court action against Economical Mutual Insurance Company alleging bad faith and claiming punitive and exemplary damages.

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