| Date Order | | Other Claims | |
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| Baker v Blue Cross | Appeal was based on award of punitive damages and costs. | $40,000 | $1.5 million |
| OCA December 2023 on appeal from a jury award at trial | Blue Cross relied upon medical opinions from general practitioners which it knew or ought to have known that they were incorrect; | Plus full costs at $1 million; |
| It selectively chose evidence to support the denial and ignored contrary medical evidence. One such detail was that a report from a Dr. Knox, an external reviewer, which stated “I don’t believe she can return to work at this time, even on a part-time basis”. This statement was omitted from the review; | Full arrears and a declaration of entitlement |
| The insurer sought an independent medical examination for the first time two and one-half years after the stroke; | |
| Having received this report, it distorted its conclusion to support the denial decision; | |
| It “persisted in distorting Dr. Kane’s and Ms. Kresak’s reports even when counsel for the plaintiff drew these errors to its attention. | |
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| Leave to appeal was allowed on costs as a discrete issue. OCA overturned principle of full costs on a disability claim, yet upheld the full costs award in principle and quantum, given the bad faith conduct. | |
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| Boucher v Wal-Mart | Unfair investigation | $200,000 plus $100,000 for tort of intentional infliction of mental suffering against the manager | $100,000 against employer and $10,000 against manager |
| OCA | Jury at trial had ordered $1 million in punitive damages which was reduced on appeal to $100,000, against Wal-Mart. |
| May-14 | Jury also awarded damages of $250,000 against the manager, Pinnock, made up of $100,000 for intentional infliction of mental suffering, and $150,000 in punitive damages (awards for which Wal-Mart was vicariously). |
| The tort award of $100,000 was upheld on appeal. The punitive award against the manager was reduced on appeal to $10,000. |
| Pinnock's conduct was flagrant and outrageous. He belittled, humiliated and demeaned Boucher continuously and unrelentingly, often in front of co-workers, for nearly six months. The tort award remained in place. |
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| Higginson v Babine Forest Products | Plff employed for 34 years; | | $573,000 |
| BC SC | Plff showed that the company management had deliberately attempted to create an unpleasant work environment at the sawmill in the hope that he would decide to leave on his own. When he didn't quit the company created false grounds to dismiss him for cause in order to avoid paying severance. |
| 2012 | Case was appealed and settled before the hearing. |
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| A summary may be found here. | |
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| MB v Deluxe Windows | Sexual assault; | $300,000 assault | |
| OCA | Serious psychological injuries | $25,000 |
| Mar-12 | | |
| Leave denied | OCA found that the trial judge’s charge to the jury was incorrect in not setting out the influence of external factors impacting the plff, yet this was not influential on overall award. The jury’s awards were allowed to stand. | |
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| Elgert v Home Hardware | Unfair investigation of sexual harassment allegations; | $60,000 damages in defamation against personal defendants | $75,000 |
| Alb CA | Trial award of $300,000 aggravated damages set aside on appeal and $200,000 punitive reduced to $75,000. |
| Apr-11 | |
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| McKinley v. BC Tel par 82 | Jury at trial had awarded $100,000 in damages for the tort of the intentional infliction of mental harm. Trial judge’s decision to allow this issue to go to the jury was set aside due to lack of evidence at trial to show intent to cause harm. | | |
| 2001 |
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