In Lexpert’s January 2013 issue,
Miller Thomson’s Pascale Cloutier and Fadi Amine are mentioned as representing Time Inc. and Time Consumer Marketing
Inc. in a landmark case involving misleading advertising under Quebec’s Consumer
Protection Act and the attribution and determination of the quantum of punitive
damages in such cases.
The case is included in a listing of the law firms and lawyers that represented the various parties in Lexpert’s « Top 10 Cases of 2012. »
Although the Supreme Court of Canada
overturned the Quebec Court of Appeal decision which had previously ruled that
Time Inc. and Time Consumer Marketing Inc. had not engaged in misleading
advertising under the Consumer Protection Act, the Supreme Court of Canada
awarded an amount of $15,000.00 in punitive damages and an amount of $1,000.00
in moral damages, accepting most of Time Inc.’s and Time Consumer Marketing
Inc.’s submissions on the attribution and quantification of punitive damages
under Quebec Civil law.
At the start of the case, the
Plaintiff Richard was asking for an award of upwards of a million dollars in
contractual damages and in punitive damages, and had obtained, at the trial
level, an award of $100,000.00 in punitive damages and $1,000.00 in moral
damages.
Read the full article: Top 10
Cases of 2012
