The HR Space: Keays v. Honda One Year Later

Have Canadian Courts Changed Their Approach to Punitive and Bad Faith Damages?

It has been just over a year since the Supreme Court of Canada ("SCC") issued its decision in Keays v. Honda Canada Inc. That decision mandated a change in our courts' approach to awarding damages in employment cases. Damages for bad faith conduct by the employer ("Wallace damages") and punitive damages were to be awarded only in exceptional circumstances.