of past figures and of guidelines that may be found in appellate or Supreme

Of past figures and of guidelines that may be found

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of past figures and of guidelines that may be found in appellate or Supreme Court of Canada judgments. They should also be instructed clearly that an award of general damages may also amount to all the punishment that is necessary in a given case. Failing this, and in the absence of a proper application of the rationality and proportionality criteria, problematic awards are bound to happen. Courts should take care that they do not alter the nature of tort law by turning the focus of civil litigation away from compensation of a claim to punishment of defendants. 169 For these reasons, I would dismiss the appeal without costs and the cross-appeal with costs.
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Page 44 of 44 Whiten v. Pilot Insurance Co., [2002] 1 S.C.R. 595 [page677] Solicitors for the appellant/respondent on cross-appeal: MacMillan Rooke Boeckle, Toronto. Solicitors for the respondent/appellant on cross-appeal: Lerner & Associates, Toronto. Solicitors for the intervener the Insurance Council of Canada: Davies, Phillips & Vineberg, Toronto. Solicitors for the intervener the Ontario Trial Lawyers Association: Ross & McBride, Hamilton. End of Document
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