What is the test for punishment in a motor vehicle accident?
Newfoundland and Labrador, Canada
The following excerpt is from Atlantic Lottery Corporation Inc.-Société des loteries de l’Atlantique v Babstock, 2018 NLCA 71 (CanLII):
In Vorvis v. Insurance Corp. of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085, 58 D.L.R. (4th) 193 McIntyre J. observed at 1106: Punishment may not be imposed in a civilized society without a justification in law. The only basis for the imposition of such punishment must be a finding of the commission of an actionable wrong which caused the injury complained of by the plaintiff.
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