LAWG 100D1 Lecture Notes - Lecture 22: Obiter Dictum, Arson, Class Action
1 May 2016
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Purpose: retribution, deterrence, denunciation (so as to deter others) Historically, there were not recoverable in contract. Punitive controversial because punitive damages go into the pockets of the plaintiff, rather than the state (as criminal damages) Line between criminal law and torts is a lot fuzzier than line between criminal law and contracts. However, recent legislation and court decisions have change this. Changing the face of punitive damages in canadian common and quebec civil law. Art 1621 ccq - brand new provision, that didn"t exist in the ccbc. Where the awarding of punitive damages is provided for by law, the amount of such damages may not exceed what is sufficient to fulfil their preventive purpose. No punitive damages unless there is specific statutory allowance for such punitive damages. 1621 ccq is not limited to contract law. Articles 51 et seq of code of civil procedure for abuse of process (art 54 ccp)
