What is the test for exemplary or punitive damages in a medical malpractice case?
Ontario, Canada
The following excerpt is from Kaddoura v. Hammoud, 1998 CanLII 14937 (ON SC):
Exemplary or punitive damages are reserved for circumstances in which the conduct complained of merits punishment. The court’s discretion to make an award of exemplary or punitive damages should be exercised very cautiously and reserved for cases where the misconduct is extreme in its nature and such that by any reasonable standard is deserving of full condemnation and punishment. See: Vorvis v. Insurance Corp. of British Columbia. 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085 at 1107-8. 58 D.L.R. (4th) 193.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the case law on medical malpractice in the context of medical negligence cases? (Ontario, Canada)
How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)
Is it possible to sue for damages for misrepresentation on behalf of a party in a medical malpractice case? (Ontario, Canada)
What is the case law on expert testimony in medical malpractice cases? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence? (Ontario, Canada)
What is the case law on the admissibility of expert evidence in medical malpractice cases? (Ontario, Canada)
What is the test for aggregate damages in a medical malpractice case? (Ontario, Canada)
In a medical malpractice case, is a plaintiff entitled to access his medical records and charts? (Ontario, Canada)
What is the impact of a medical malpractice case on the economic impact of the case? (Ontario, Canada)
