Background: Gerald Mounce, G.M. Landco Management Ltd., and C-1 Contractors Ltd. appealed against an award of punitive damages granted to Edwin King and Debra King.

Legal Issues: The primary issue on appeal was whether the trial judge erred in awarding $50,000 in punitive damages. Although the appellants initially raised two grounds of appeal, they abandoned the second, concentrating solely on the punitive damages award.

Arguments: The appellants contended that their conduct did not justify punitive damages and asserted that the trial judge failed to consider certain factors, such as the respondents' delay in seeking financial information and the fact that the funds remained within the jurisdiction. Conversely, the respondents argued that the appellants' conduct was sufficiently high-handed and blameworthy to warrant punitive damages.

Court Findings: The trial judge determined that the appellants had wrongfully failed to pay profits from a joint real estate enterprise, instead siphoning off the money for their purposes. The judge noted that the appellants consented to relief for oppression, breach of contract, breach of fiduciary duty, and conversion but provided no evidence to justify their actions.

Rationale for Decision: The court upheld the trial judge’s decision, stating that the principles for awarding punitive damages were correctly applied and the findings of fact supported such an award. The court emphasized the appellants' decade-long misconduct, attempts to conceal their actions, and the misappropriation of the plaintiffs’ retirement funds.

Outcome: The appeal was dismissed, and the $50,000 award for punitive damages to Edwin King and Debra King was upheld.