Punitive Damages

April 16, 2019
damages

Canada Federal Court of Appeal Affirms Punitive Damages Award

2019 FCA 29 - Canada's FCA refuses to intervene in trial judge's decision with respect to punitive damages.
May 2, 2017

FCA Finds Provincial Limitation Periods May Apply to Patents Subject to the Old Patent Act

2017 FCA 9 - The FCA affirmed the FC decision that AstraZeneca’s patent was valid and infringed, accepted Apotex’s appeal with respects to limitation periods, and rejected AstraZeneca’s cross-appeal regarding punitive damages.
July 25, 2014

FCA Confirms Willful IP Infringement Not Sufficient Basis for Punitive Damages

Bauer Hockey Corp v Sport Maska Inc - 2014 FCA 158 - The Court confirmed that punitive damages are available in trade-mark infringement cases, but “[a]llegations of willful and knowing infringement are alone insufficient to support a claim to punitive damages."
July 3, 2014

FCA Reaffirms Punitive Damages Are Not Recoverable under s. 8 of the PM(NOC) Regulations

Teva Canada Limited v Pfizer Canada Inc, 2014 FCA 138 - The Court held that punitive and exemplary damages cannot be available where the statutory regime underlying the claim explicitly or implicitly precludes them. This is the case under the PM(NOC) Regulations.