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ARTICLE · 26 OCTOBER 2021

A Painful Lesson In Punitive Damages Against Employers: Eynon v Simplicity Air Ltd., 2021 ONCA 409

McLeish Orlando LLP
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The punitive damages award against the employer was the basis of the appeal.

CanadaLitigation, Mediation & Arbitration
Nick Todorovic
Nick Todorovic
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The Ontario Court of Appeal in Eynon v. Simplicity Air Ltd. upheld a punitive damages award of $150,000 against an employer for the misconduct of its supervisors after an employee was injured in the workplace.

Overview of the Case

The punitive damages award against the employer was the basis of the appeal. The respondent employee had brought an action against his employer for the injuries he sustained in the workplace while engaging in "horseplay" with a coworker. The employee was injured after climbing a 14-foot-high chain hoist and suffered injuries to his genital area, requiring immediate medical attention.

The jury awarded $75,000 to the employee for general damages and lost wages – the award was reduced by 75% due to the employee's contributory negligence. In addition, the jury awarded $150,000 in punitive damages against the employee, with no reduction in the award for the employee's contributory negligence.

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