Is a plaintiff entitled to punitive damages for publishing an offensive and libellous statement?
British Columbia, Canada
The following excerpt is from Trozzo Holdings Ltd. v. M.V.S. Construction Ltd., 2002 BCSC 1202 (CanLII):
As stated in Fung v. Lu, supra, I must consider two questions to determine whether the plaintiff is entitled to punitive damages. First, does the plaintiff’s conduct offend the court’s sense of decency? Second, is the compensatory award sufficient to punish and deter the defendant, as well as other individuals, from publishing similarly libellous statement?
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