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22 text run at (2,2) width 720: "When the Whiten house burn
ed down in Renfrew Ontario, the insurer denied liability, asserting that the Pla
intiff" | 22 text run at (2,2) width 720: "When the Whiten house burn
ed down in Renfrew Ontario, the insurer denied liability, asserting that the Pla
intiff" |
23 text run at (2,20) width 477: "Daphne Whiten was the cau
se of the fire herself and had committed arson." | 23 text run at (2,20) width 477: "Daphne Whiten was the cau
se of the fire herself and had committed arson." |
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27 text run at (2,56) width 740: "The insurance company had
not only refused to pay, but had received opinions from its adjuster, its exper
t engineer" | 27 text run at (2,56) width 740: "The insurance company had
not only refused to pay, but had received opinions from its adjuster, its exper
t engineer" |
28 text run at (2,74) width 732: "and an investigative agen
cy that the fire was accidental. Its own adjuster had recommended the claim be p
aid. The" | 28 text run at (2,74) width 732: "and an investigative agen
cy that the fire was accidental. Its own adjuster had recommended the claim be p
aid. The" |
29 text run at (2,92) width 735: "defendant's counsel, as t
he court found, had pressured experts to provide opinions supporting an arson de
fence and" | 29 text run at (2,92) width 735: "defendant's counsel, as t
he court found, had pressured experts to provide opinions supporting an arson de
fence and" |
30 text run at (2,110) width 742: "withheld relevant inform
ation from the experts and gave them misleading information to buttress the arso
n defence." | 30 text run at (2,110) width 742: "withheld relevant inform
ation from the experts and gave them misleading information to buttress the arso
n defence." |
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34 text run at (2,146) width 645: "After the fire the Plain
tiff and her husband, Keith Whiten needed welfare assistance to support them." | 34 text run at (2,146) width 645: "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 (2,182) width 735: "The jury, however, in a
4 week trial, disagreed with the position of the insurance company. It awarded n
ot only the" | 38 text run at (2,182) width 735: "The jury, however, in a
4 week trial, disagreed with the position of the insurance company. It awarded n
ot only the" |
39 text run at (2,200) width 747: "policy sum against the i
nsurer, but also was sufficiently annoyed with the conduct of the company to awa
rd a further" | 39 text run at (2,200) width 747: "policy sum against the i
nsurer, but also was sufficiently annoyed with the conduct of the company to awa
rd a further" |
40 text run at (2,218) width 241: "punitive damage award of
$1 million." | 40 text run at (2,218) width 241: "punitive damage award of
$1 million." |
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44 text run at (2,254) width 710: "The company appealed. At
the time of the appeal, the company acknowledged that the fire was accidental.
The" | 44 text run at (2,254) width 710: "The company appealed. At
the time of the appeal, the company acknowledged that the fire was accidental.
The" |
45 text run at (2,272) width 712: "Ontario Court of Appeal
reversed the jury award and in a 2-1 decision determined that there should be a
cap on" | 45 text run at (2,272) width 712: "Ontario Court of Appeal
reversed the jury award and in a 2-1 decision determined that there should be a
cap on" |
46 text run at (2,290) width 198: "punitive damages of $100
,000." | 46 text run at (2,290) width 198: "punitive damages of $100
,000." |
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50 text run at (2,326) width 719: "Lawyers became hard pres
sed to reconcile this decision with a prior case, Hill vs. Church of Scientology
. Hill, a" | 50 text run at (2,326) width 719: "Lawyers became hard pres
sed to reconcile this decision with a prior case, Hill vs. Church of Scientology
. Hill, a" |
51 text run at (2,344) width 732: "Crown Attorney, had sued
the Church for libel due to statements made accusing him of breaching a judge's
order. " | 51 text run at (2,344) width 732: "Crown Attorney, had sued
the Church for libel due to statements made accusing him of breaching a judge's
order. " |
52 text run at (733,344) width 19: "He" | 52 text run at (733,344) width 19: "He" |
53 text run at (2,362) width 729: "succeeded. The jury at t
rial, aside from awarding compensatory damages, also awarded a punitive damage s
um of" | 53 text run at (2,362) width 729: "succeeded. The jury at t
rial, aside from awarding compensatory damages, also awarded a punitive damage s
um of" |
54 text run at (2,380) width 753: "$800,000. The decision w
as appealed without success to the Ontario Court of Appeal and again to the Supr
eme Court" | 54 text run at (2,380) width 753: "$800,000. The decision w
as appealed without success to the Ontario Court of Appeal and again to the Supr
eme Court" |
55 text run at (2,398) width 523: "of Canada. The award of
punitive damages was sustained at both appellate levels." | 55 text run at (2,398) width 523: "of Canada. The award of
punitive damages was sustained at both appellate levels." |
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59 text run at (2,434) width 746: "In the Whiten case, the
insurance industry is mounting all its ammunition to maintain the notion of a ca
p on punitive" | 59 text run at (2,434) width 746: "In the Whiten case, the
insurance industry is mounting all its ammunition to maintain the notion of a ca
p on punitive" |
60 text run at (2,452) width 735: "damages. It is expected
that the Court of Appeal decision will receive a rough ride in the Supreme Court
, given the" | 60 text run at (2,452) width 735: "damages. It is expected
that the Court of Appeal decision will receive a rough ride in the Supreme Court
, given the" |
61 text run at (2,470) width 199: "Hill decision a few year
s prior." | 61 text run at (2,470) width 199: "Hill decision a few year
s prior." |
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65 text run at (2,506) width 737: "The concept of punitive
damages is designed to act as civil penalty imposed on a wrong doer, which has c
onducted" | 65 text run at (2,506) width 737: "The concept of punitive
damages is designed to act as civil penalty imposed on a wrong doer, which has c
onducted" |
66 text run at (2,524) width 747: "itself in a vindictive m
anner, which offends one's sense of propriety - high handed shocking behaviour.
Traditionally" | 66 text run at (2,524) width 747: "itself in a vindictive m
anner, which offends one's sense of propriety - high handed shocking behaviour.
Traditionally" |
67 text run at (2,542) width 707: "the financial abilities
of the wrong doer are a factor - the deeper the pockets the more substantial the
sum to be" | 67 text run at (2,542) width 707: "the financial abilities
of the wrong doer are a factor - the deeper the pockets the more substantial the
sum to be" |
68 text run at (2,560) width 59: "awarded." | 68 text run at (2,560) width 59: "awarded." |
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72 text run at (2,596) width 734: "Canadian courts have bee
n reluctant to embrace the concept - awards such as Hill are rare. It is worthy
of note that" | 72 text run at (2,596) width 734: "Canadian courts have bee
n reluctant to embrace the concept - awards such as Hill are rare. It is worthy
of note that" |
73 text run at (2,614) width 735: "the dissenting reasons o
f Justice Laskin in Whiten were much in favour of maintaining the trial award -
a lucid and" | 73 text run at (2,614) width 735: "the dissenting reasons o
f Justice Laskin in Whiten were much in favour of maintaining the trial award -
a lucid and" |
74 text run at (2,632) width 737: "powerful dissent written
by a much respected jurist. Much attention will be given to this decision. Oral
argument is" | 74 text run at (2,632) width 737: "powerful dissent written
by a much respected jurist. Much attention will be given to this decision. Oral
argument is" |
75 text run at (2,650) width 753: "set for the week of Dece
mber 11th. A decision will likely be forthcoming in March to June time period. T
his decision" | 75 text run at (2,650) width 753: "set for the week of Dece
mber 11th. A decision will likely be forthcoming in March to June time period. T
his decision" |
76 text run at (2,668) width 537: "will be no doubt a much
quoted decision for many years, regardless of the outcome." | 76 text run at (2,668) width 537: "will be no doubt a much
quoted decision for many years, regardless of the outcome." |
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