Punitive Damages V Employee Contributory Negligence

• Published date: 08 July 2021
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Personal Injury, Professional Negligence
• Law Firm: McCague Borlack LLP
• Author: Mr Howard Borlack and Dominique Mesina (Summer Student)

Case Comment: Eynon v. Simplicity Air Ltd., 2021 ONCA 409

The decision of the Ontario Court of Appeal in Eynon v Simplicity Air is a significant decision on punitive damages in Canada. The Court upheld a $150,000 jury award of punitive damages in favour of an employee. This decision warns employers that if those left in charge of the workplace create a culture within the company where employees have little regard for the importance of safety practices in the workplace and engage in highly reprehensible misconduct, they can be held liable for significant punitive damages regardless of an employee's contributory negligence leading up to an accident.

The Facts

The respondent employee, after being challenged by a colleague, had climbed a 14-foot-high chain hoist. Upon descending, his pants got caught on a hook near the bottom of the chain and another hook had pierced his scrotum, requiring him to have surgery. According to the employee, after the accident, a supervisor laughed at him, refused to look at his injuries, and refused to call him an ambulance. He was then driven to a second location to speak with the service manager, who was the employee's direct supervisor. The service manager arranged for the employee to be brought home, but the employee insisted that he be taken to a hospital. According to the employee, he was told by both supervisors to say that his injury happened at home.

The supervisor and other witnesses for the appellant provided a different version of events. The supervisor admitted that he laughed when he first saw the employee stuck on the chain, but there was no reason to call an ambulance based on the employee's demeanour. Both supervisors denied telling the employee to say that the injury occurred at home.

The jury assessed the general damages at $75,000 and lost wages at $9,000, which were both reduced by 75 percent for the employee's contributory negligence in causing his injuries. The jury assessed punitive damages against the employer in the amount of $150,000.

...the supervisors' instructions to the injured employee to...