What is the test for awarding punitive damages in a motor vehicle accident?

The discretion to award punitive damages should be exercised cautiously, and must have regard to whether the general damages are sufficient to act as a deterrent to others. As stated by Mr. Justice McIntyre in Vorvis v. Insurance Corporation of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085, punitive damages are designed to impose a punishment on the defendant and to set an example to others who might seek to act in a similar way. Punitive damages are measured by the degree of moral culpability of the defendant.

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?