What is the test for punitive and exemplary damages in a personal injury case?
British Columbia, Canada
The following excerpt is from Royal Trust v. Barter et al., 2000 BCSC 1842 (CanLII):
As was the case in Meyer v. Gordon (1981), 17 C.C.L.T. 1 at 53 (B.C.S.C.) referred to in Vorvis at 1109: ...I am unable to find in the defendants’ conduct that character of high-handedness, maliciousness, contempt of the plaintiffs’ rights or that disregard of every principle of decency which is the foundation for an award of exemplary and punitive damages.
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