Last month, The Advocates' Quarterly published an article by Paul Willetts entitled "Punitive Damages in Morison v. Ergo-Industrial Seating: The New 'Wallace Bump'?" The article looks at whether the Ontario courts are increasingly using punitive damages as a vehicle to award former employee's compensation for "bad faith" employer conduct in dismissal, as aggravated damages (arguably the more appropriate vehicle) are more difficult to attain.
In Morison, the Court found evidence of bad faith in dismissal, however, it was unable to find that the plaintiff had satisfied the necessary requirements for an award of aggravated damages. Instead, the court awarded $50,000 in punitive damages as a result of the employer's 'bad faith' in dismissal.
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