What is the test for aggravated damages in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Jamieson v. Stavros, 2006 BCSC 1057 (CanLII):
In Vorvis v. Insurance Corporation of British Columbia (1989), 1989 CanLII 93 (SCC), 58 D.L.R. (4th) 193 (S.C.C.) McIntyre J. at p. 202 noted that aggravated damages are an augmentation of compensatory damages. Their purpose is to compensate for intangible injuries that flow out of the same actionable wrong as the award for non-pecuniary damages. In the context of the present case, that means that any claim for aggravated damages must be to compensate for intangible injuries flowing from the accident on June 18, 2000.
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