Definition : Punitive damage

Damages awarded to a victim for the purpose of punishing the malicious and reprehensible conduct of a natural or legal person. It is also intended to prevent and discourage undesirable conduct in society. The amount of the non-compensatory compensation is additional to that awarded to the victim as compensation for the damage actually suffered. The Charter of Human Rights and Freedoms recognizes the right of a victim to obtain punitive damages in the event of an unlawful infringement of a right or freedom recognized by that Act. Article 54 of the Code of Civil Procedure also provides that the Court may, in ruling on the abusive nature of a legal claim or other procedural act, award punitive damages where justified. However, article 1621 of the Civil Code of Quebec  states that the amount of punitive compensation must not exceed what is sufficient to ensure the preventive function of compensation of such a nature.

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