Personal injury claims are, by their very nature, personal. When someone else’s actions cause serious injury, the consequences can be life changing. Beyond physical pain, victims may experience emotional distress, financial hardship, and a loss of independence which can understandably lead to the question:
“Can I sue the person responsible for my injury to punish them?”
In rare circumstances, the answer is yes.
What Are Punitive Damages in an Ontario Personal Injury Lawsuit?
Most damages awarded in personal injury lawsuits are intended to compensate injured people for their losses. Punitive damages are brought to punish.
The Supreme Court of Canada established the guiding principles in Whiten v. Pilot Insurance Co. The court stated that punitive damages are reserved for exceptional cases involving conduct that is malicious, high-handed, arbitrary, or so reprehensible that it represents a marked departure from ordinary standards of decent behaviour.
In other words, causing an injury through negligence, even serious negligence, does not automatically justify punitive damages.
When Could Ontario Courts Award Punitive Damages?
Ontario courts only award punitive damages in extreme cases. Several decisions illustrate how these principles work in practice.
In McIntyre v. Grigg (2006), the Ontario Court of Appeal considered punitive damages arising from impaired driving where the defendant had already been punished by a careless driving conviction. The court found that although the driver’s conduct was deliberate and reckless, the Court reduced the punitive damages award from $100,000 to $20,000. Among the reasons for a reduction in the award were the lower level of moral blameworthiness given the isolated nature of the event, the absence of relationship between the parties and fact that misconduct was not directed specifically at the plaintiff.
Similarly, in Cobb v. Long Estate (2017), the Court refused to allow a jury to consider whether to award punitive damages where the impaired driver had already received criminal penalties. The injured parties had not established that those penalties were insufficient to meet the objectives of punitive damages.
More recently, in Amini-Kouchesfahani v. Toronto Police Services Board (2025), an officer used excessive force against a non-violent but belligerent individual, causing significant injuries. The court awarded $17,500 in punitive damages because ordinary compensation was insufficient to condemn and deter the officer’s conduct.
In Simon v. Reis (2026) a plaintiff claimed punitive damages following repeated instances of intimate-partner violence, the court declined to award punitive damages. The court noted that criminal proceedings were ongoing without ultimate disposition and the plaintiff’s receipt of compensatory and aggravated damages were enough to serve as denunciation and deterrence.
By contrast, in N.M. v. C.T. (2026) the court awarded $5,000 in punitive damages for a distinct sexual assault which was not the subject of criminal proceedings while taking care to avoid overlapping with other related criminal penalties.
A Practical Note About Prejudgment Interest on Punitive Damages
For lawyers handling these claims, there is an additional distinction worth remembering.
Under section 128(4)(a) of Ontario’s Courts of Justice Act, prejudgment interest is not payable on punitive or exemplary damages.
What Factors Do Ontario Courts Consider When Awarding Punitive Damages?
For counsel considering whether to advance or defend a claim for punitive damages, the following questions may help asses whether an award is appropriate or not:
- Was the conduct deliberate, high-handed, and/or reprehensible?
- Was the conduct an isolated event?
- Was the conduct deliberate?
- Did the defendant flee from the scene, admit liability or wrongdoing?
- Did the defendant profit from the misconduct?
- Was there a prior relationship between the parties where it could be submitted that there was an abuse of power?
- Is the quantum proportionate to the harm or potential harm directed specifically at the plaintiff?
- Is the quantum proportionate to the need for deterrence?
- Has the defendant already been punished? What for? And, what was the punishment?
- Is the quantum being sought proportionate to the blameworthiness of the defendant’s conduct?
Can You Sue Someone to Punish Them for an Injury in Ontario?
Punitive damages are uncommon, but they remain an important part of Ontario personal injury law. Where someone’s conduct goes beyond ordinary negligence and deserves particular condemnation, the courts have the power to impose an additional financial penalty.
For injured people, understanding the difference between compensation and punishment is an important distinction.
If you or a loved one has been seriously injury in Ottawa, Kingston or elsewhere in Eastern Ontario, speaking with one of our personal injury lawyers will help you to understand what compensation may be available and whether punitive damages could form a part of your claim. Contact us today for a free consultation.
