Court of Appeal upholds $1.5 million punitive damages award in LTD claims case

By: Julius Melnitzer | February 3, 2024

The Ontario Court of Appeal’s affirmation of a $1.5 million punitive damages award — reportedly the largest of its kind in a Canadian long-term disability case — may signal greater exposure for employers and insurers that fail in their duty to treat such claims in good faith.

“The court had no problem with the $1.5 million award, which was 50 per cent higher than any previous such award in Canada,” says Geoff Adair of Adair Goldblatt Bieber LLP, who represented claimant Sara Baker. “Given the historical caution that judges have shown in awarding punitive damages, you’ve got to believe that we’re looking at a significant upswing going forward.”

Baker, a former employee of Humber River Hospital in Toronto, suffered a stroke in 2013. MORE . . .

Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or


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