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IN FACT AND IN LAW
The Supreme Court of Canada sets aside the award for punitive damages against an insurer
By :
Jean Saint-Onge - July 2006
The Supreme Court's analysis of punitive damages will have limited scope in Quebec civil law given the different rules governing the awarding of such damages. The abusive refusal of a claim by an insurer does not necessarily result in an award for punitive damages. However, if such a refusal infringes rights recognized by the Charter of human rights and freedoms, the situation could be different.
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