Hibbert Christopher The Roots of Evil A Social History of Crime and Punishment

Hibbert christopher the roots of evil a social

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Hibbert, Christopher. The Roots of Evil: A Social History of Crime and Punishment. Boston: Little, Brown, 1963. Ireland. Law Reform Commission. Consultation Paper on Aggravated, Exemplary and Restitutionary Damages. Dublin: The Commission, 1998. Linden, Allen M. Canadian Tort Law, 6th ed. Toronto: Butterworths, 1997. McGregor on Damages, 16th ed. By Harvey McGregor. London: Sweet & Maxwell, 1997. Ontario. Law Reform Commission. Report on Exemplary Damages. Toronto: The Commission, 1991. Schlueter, Linda L., and Kenneth R. Redden. Punitive Damages, vol. 1, 4th ed. New York: Lexis, 2000. United Kingdom. House of Commons, 6th series, Written Answers to Questions, November 9, 1999. United Kingdom. Law Commission for England and Wales, Report 247. Aggravated, Exemplary and Restitutionary Damages, December 16, 1997. Vogel, Paul G. Cohen Melnitzer's Civil Procedure in Practice, vol. 1. Toronto: Carswell, 1989 (loose-leaf updated 1990, release No. 1). Watson, Garry D., and Craig Perkins. Holmested and Watson: Ontario Civil Procedure, vol. 1. Toronto: Carswell, 1984 (loose-leaf updated 2001, release No. 5). Weinrib, Ernest J. The Idea of Private Law. Cambridge, Mass.: Harvard University Press, 1995. Windeyer, William John Victor. Lectures on Legal History, 2nd ed. rev. Sydney: Law Book, 1957. APPEAL and CROSS-APPEAL from a judgment of the Ontario Court of Appeal (1999), 42 O.R. (3d) 641, 170 D.L.R. (4th) 280, 117 O.A.C. 201, 32 C.P.C. (4th) 3, [1999] I.L.R. para. I-3659, [1999] O.J. No. 237 (QL), allowing in part the respondent's appeal from a judgment of the Ontario Court (General Division) (1996), 132 D.L.R. (4th) 568, 47 C.P.C. (3d) 229, [1996] O.J. No. 227 (QL). Appeal allowed, LeBel J. dissenting. Cross-appeal dismissed.
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Page 6 of 44 Whiten v. Pilot Insurance Co., [2002] 1 S.C.R. 595 Gary R. Will and Anil Varma, for the appellant/respondent on cross-appeal. [page603] Earl A. Cherniak, Q.C., and Kirk F. Stevens, for the respondent/appellant on cross-appeal. Neil Finkelstein, Melanie L. Aitken and Russell Cohen, for the intervener the Insurance Council of Canada. Robert B. Munroe, Andrew J. Spurgeon and Thomas P. Connolly, for the intervener the Ontario Trial Lawyers Association. [Quicklaw note: Please see complete list of solicitors appended at the end of the judgment.] The judgment of McLachlin C.J. and L'Heureux-Dubé, Gonthier, Major, Binnie and Arbour JJ. was delivered by BINNIE J. 1 This case raises once again the spectre of uncontrolled and uncontrollable awards of punitive damages in civil actions. The jury was clearly outraged by the high-handed tactics employed by the respondent, Pilot Insurance Company, following its unjustified refusal to pay the appellant's claim under a fire insurance policy (ultimately quantified at approximately $345,000). Pilot forced an eight-week trial on an allegation of arson that the jury obviously considered trumped up. It forced her to put at risk her only remaining asset (the insurance claim) plus approximately $320,000 in legal costs that she did not have. The denial of the claim was designed to force her to make an unfair settlement for less than she was entitled to. The conduct was planned and deliberate and continued for over two years, while the financial situation of the appellant grew increasingly desperate.
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