repeating that punitive damages were in their discretion Members of the jury I

Repeating that punitive damages were in their

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repeating that punitive damages were in their discretion: Members of the jury, I have considered the question that you sent to me and I don't know that I can really be of all that much help to you. All that I can say to you is that punitive damages are in the discretion of the jury. You have to be fair and reasonable to both sides, and apart from that, there's not much more or anything more that I can tell you. It is not surprising that it is difficult to arrive at a consensus. I urge you to keep talking to each other and endeavour to find what that magic figure should be. 29 The jury awarded $318,252.32 in compensatory damages and $1 million in punitive damages. In his endorsement granting judgment in accordance with the jury's verdict, Matlow J. awarded pre-judgment interest and costs on a solicitor and own client scale, his intention being "to provide for the plaintiff's fullest possible indemnification for her reasonable costs of this action" (p. 570). (The appellant's costs were ultimately fixed at $317,658.92.) 30 Matlow J. then made a number of observations about the jury's award of punitive damages. He said that although it was "very high and perhaps without precedent, [it] is not perverse but is entirely reasonable in light of all of the evidence" (p. 572). He noted that the defendant continued to deny the claim even after its own adjuster recommended that it be paid. "[T]he defendant relied on a few suspicious circumstances that were later clarified adequately by the plaintiff in order to press on with an ill-founded defence" (p. 572). "As a result, the plaintiff, who was already in poor financial condition, was required to endure the indignity of having to make temporary living arrangements without the benefit [page614] of the insurance coverage for which she had paid premiums to the defendant" (p. 572). She was also required to undertake litigation to secure the relief to which she was entitled, including a trial which took approximately two months to complete. "In light of the defendant's admission that its net worth was approximately $231 million, I cannot take issue with the jury's conclusion that a very substantial award for punitive damages was required to punish the defendant and to effectively send the implied reminder to the defendant and to other insurers that they owe their insureds a duty of good faith in responding to claims made under policies of insurance issued by them" (p. 572). B. Ontario Court of Appeal (1999), 42 O.R. (3d) 641 (1) Laskin J.A. (dissenting in part) 31 On the issue of punitive damages, Laskin J.A. noted that in Vorvis v. Insurance Corp. of British Columbia, [1989] 1 S.C.R. 1085, and again in Wallace v. United Grain Growers Ltd., [1997] 3 S.C.R. 701, this Court held that in a breach of contract case, punitive damages were only available if, apart from the breach sued upon, the defendant has committed an "independent actionable wrong". Pilot argued that a breach of its duty of good faith was no more than another breach of the same contractual obligations. Laskin J.A. rejected this argument. He
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