Dmitri runs a HVAC cleaning business in Sudbury. A crucial part of this business is making unsolicited and annoying phone calls to people on their cell phones.

To ensure that he has an operating phone system to make these phone calls, he has all of his telephone contracts with Bellus, a telecommunications provider in Ontario. The reason why Dmitri chose Bellus is because of their advertisements claiming that they are "The Most Reliable Network in Canada."

In 2022, Bellus has a telephone outage, resulting in 5 days of no phone calls to his potential customers in the summer months, when duct cleaning is most popular. The outage is the result of a maintenance update that went poorly

Dmitri is really upset about this, and he estimates that he lost over $25,000 in potential revenue, based on historic call rates and previous revenues during this period. Dmitri also wants to sue for punitive damages of $400,000.

(A) can we differentiate Bellus's claims here between a misrepresentation and puffery? (2 marks)

(B)What are the purposes of punitive damages, and is Dmitri likely to get punitive damages of this quantum for a claim like this? (2 marks)