What is the test for justifying punitive damages in a personal injury action?
Ontario, Canada
The following excerpt is from Downham v. Lennox (County), 2005 CanLII 45197 (ON SC):
In order to justify punitive damages the defendant’s conduct must be “harsh, vindictive, reprehensible or malicious”. It must be extreme in nature and such that by any reasonable standard it is deserving of full condemnation and punishment. Vorvis v. Insurance Corp. of British Columbia 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085.
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