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22 text run at (2,2) width 713: "When the Whiten house burn
ed down in Renfrew Ontario, the insurer denied liability, asserting that the Pla
intiff Daphne" | 22 text run at (2,2) width 713: "When the Whiten house burn
ed down in Renfrew Ontario, the insurer denied liability, asserting that the Pla
intiff Daphne" |
23 text run at (2,22) width 395: "Whiten was the cause of t
he fire herself and had committed arson." | 23 text run at (2,22) width 395: "Whiten was the cause of t
he fire herself and had committed arson." |
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not only refused to pay, but had received opinions from its adjuster, its exper
t engineer and an" | 27 text run at (2,62) width 734: "The insurance company had
not only refused to pay, but had received opinions from its adjuster, its exper
t engineer and an" |
28 text run at (2,82) width 711: "investigative agency that
the fire was accidental. Its own adjuster had recommended the claim be paid. Th
e defendant's" | 28 text run at (2,82) width 711: "investigative agency that
the fire was accidental. Its own adjuster had recommended the claim be paid. Th
e defendant's" |
29 text run at (2,102) width 726: "counsel, as the court fo
und, had pressured experts to provide opinions supporting an arson defence and w
ithheld relevant" | 29 text run at (2,102) width 726: "counsel, as the court fo
und, had pressured experts to provide opinions supporting an arson defence and w
ithheld relevant" |
30 text run at (2,122) width 578: "information from the exp
erts and gave them misleading information to buttress the arson defence." | 30 text run at (2,122) width 578: "information from the exp
erts and gave them misleading information to buttress the arson defence." |
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tiff and her husband, Keith Whiten needed welfare assistance to support them." | 34 text run at (2,162) width 600: "After the fire the Plain
tiff and her husband, Keith Whiten needed welfare assistance to support them." |
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38 text run at (2,202) width 755: "The jury, however, in a
4 week trial, disagreed with the position of the insurance company. It awarded n
ot only the policy sum" | 38 text run at (2,202) width 755: "The jury, however, in a
4 week trial, disagreed with the position of the insurance company. It awarded n
ot only the policy sum" |
39 text run at (2,222) width 724: "against the insurer, but
also was sufficiently annoyed with the conduct of the company to award a furthe
r punitive damage" | 39 text run at (2,222) width 724: "against the insurer, but
also was sufficiently annoyed with the conduct of the company to award a furthe
r punitive damage" |
40 text run at (2,242) width 120: "award of $1 million." | 40 text run at (2,242) width 120: "award of $1 million." |
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44 text run at (2,282) width 718: "The company appealed. At
the time of the appeal, the company acknowledged that the fire was accidental.
The Ontario" | 44 text run at (2,282) width 718: "The company appealed. At
the time of the appeal, the company acknowledged that the fire was accidental.
The Ontario" |
45 text run at (2,302) width 748: "Court of Appeal reversed
the jury award and in a 2-1 decision determined that there should be a cap on p
unitive damages of" | 45 text run at (2,302) width 748: "Court of Appeal reversed
the jury award and in a 2-1 decision determined that there should be a cap on p
unitive damages of" |
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50 text run at (2,362) width 716: "Lawyers became hard pres
sed to reconcile this decision with a prior case, Hill vs. Church of Scientology
. Hill, a Crown" | 50 text run at (2,362) width 716: "Lawyers became hard pres
sed to reconcile this decision with a prior case, Hill vs. Church of Scientology
. Hill, a Crown" |
51 text run at (2,382) width 640: "Attorney, had sued the C
hurch for libel due to statements made accusing him of breaching a judge's order
. " | 51 text run at (2,382) width 640: "Attorney, had sued the C
hurch for libel due to statements made accusing him of breaching a judge's order
. " |
52 text run at (642,382) width 90: "He succeeded." | 52 text run at (642,382) width 90: "He succeeded." |
53 text run at (2,402) width 707: "The jury at trial, aside
from awarding compensatory damages, also awarded a punitive damage sum of $800,
000. The" | 53 text run at (2,402) width 707: "The jury at trial, aside
from awarding compensatory damages, also awarded a punitive damage sum of $800,
000. The" |
54 text run at (2,422) width 719: "decision was appealed wi
thout success to the Ontario Court of Appeal and again to the Supreme Court of C
anada. The" | 54 text run at (2,422) width 719: "decision was appealed wi
thout success to the Ontario Court of Appeal and again to the Supreme Court of C
anada. The" |
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s was sustained at both appellate levels." | 55 text run at (2,442) width 393: "award of punitive damage
s was sustained at both appellate levels." |
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59 text run at (2,482) width 754: "In the Whiten case, the
insurance industry is mounting all its ammunition to maintain the notion of a ca
p on punitive damages. It" | 59 text run at (2,482) width 754: "In the Whiten case, the
insurance industry is mounting all its ammunition to maintain the notion of a ca
p on punitive damages. It" |
60 text run at (2,502) width 727: "is expected that the Cou
rt of Appeal decision will receive a rough ride in the Supreme Court, given the
Hill decision a few" | 60 text run at (2,502) width 727: "is expected that the Cou
rt of Appeal decision will receive a rough ride in the Supreme Court, given the
Hill decision a few" |
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65 text run at (2,562) width 746: "The concept of punitive
damages is designed to act as civil penalty imposed on a wrong doer, which has c
onducted itself in a" | 65 text run at (2,562) width 746: "The concept of punitive
damages is designed to act as civil penalty imposed on a wrong doer, which has c
onducted itself in a" |
66 text run at (2,582) width 752: "vindictive manner, which
offends one's sense of propriety - high handed shocking behaviour. Traditionall
y the financial abilities" | 66 text run at (2,582) width 752: "vindictive manner, which
offends one's sense of propriety - high handed shocking behaviour. Traditionall
y the financial abilities" |
67 text run at (2,602) width 602: "of the wrong doer are a
factor - the deeper the pockets the more substantial the sum to be awarded." | 67 text run at (2,602) width 602: "of the wrong doer are a
factor - the deeper the pockets the more substantial the sum to be awarded." |
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71 text run at (2,642) width 715: "Canadian courts have bee
n reluctant to embrace the concept - awards such as Hill are rare. It is worthy
of note that the" | 71 text run at (2,642) width 715: "Canadian courts have bee
n reluctant to embrace the concept - awards such as Hill are rare. It is worthy
of note that the" |
72 text run at (2,662) width 711: "dissenting reasons of Ju
stice Laskin in Whiten were much in favour of maintaining the trial award - a lu
cid and powerful" | 72 text run at (2,662) width 711: "dissenting reasons of Ju
stice Laskin in Whiten were much in favour of maintaining the trial award - a lu
cid and powerful" |
73 text run at (2,682) width 741: "dissent written by a muc
h respected jurist. Much attention will be given to this decision. Oral argument
is set for the week of" | 73 text run at (2,682) width 741: "dissent written by a muc
h respected jurist. Much attention will be given to this decision. Oral argument
is set for the week of" |
74 text run at (2,702) width 730: "December 11th. A decisio
n will likely be forthcoming in March to June time period. This decision will be
no doubt a much" | 74 text run at (2,702) width 730: "December 11th. A decisio
n will likely be forthcoming in March to June time period. This decision will be
no doubt a much" |
75 text run at (2,722) width 355: "quoted decision for many
years, regardless of the outcome." | 75 text run at (2,722) width 355: "quoted decision for many
years, regardless of the outcome." |
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