[GioforPM]

Originally Posted by DionTheDman

Intention isn't a sufficient basis for punitive damages. They sound sexy, but are rarely, rarely awarded. Dix v. Canada (Attorney General), 2002 ABQB 580 at 637 (which is still good law, AFAIK):

1. Punitive charges are very much the exception rather than the rule;
2. They are imposed only if there has been high-handed, malicious, arbitrary, or highly reprehensible misconduct that departs to a marked degree from ordinary standards of decent behaviour;
3. Where they are awarded, punitive damages should be assessed in an amount reasonably proportionate to such factors as the harm caused, the degree of the misconduct, the relative vulnerability of the plaintiff, and any advantage or profit gained by the defendant;
4. Regard should be had to any other fines or penalties suffered by the defendant for the misconduct in question;
5. Punitive damages are generally given only where the misconduct would otherwise be unpunished or where other penalties are or are likely to be inadequate to achieve the objectives of retribution, deterrence and denunciation;
6. Their purpose is not to compensate the plaintiff; but:
7. They are provided to give a defendant his or her just dessert (retribution), to deter the defendant and others from similar misconduct in the future (deterrence), and to mark the community's collective condemnation (denunciation) of what has happened;
8. Punitive damages are awarded only where compensatory damages, which to some extent are punitive, are insufficient to accomplish these objectives; and:
9. They are given in an amount that is no greater than necessary to rationally accomplish their purpose;
10. Punitive damages are kept by the Plaintiff as a "windfall"; and:
11. Judges and juries in our system have usually found that moderate awards of punishment, which inevitably carry a stigma in the broader community, are generally sufficient.

Gee thanks for the lesson. FYI, I've been a litigator for over 20 years. Maybe that's why referred to punitive damages being an American windfall only. But you should realize that intention will be step in getting some, even in Canada.