What is the test for punitive damages?

Manitoba, Canada


The following excerpt is from MacDonald v. Trustees of the Kirkfield Park Baptist Church et al., 2008 MBQB 82 (CanLII):

At pages 25-256 and 25-257, the author describes punitive damages as a “hybrid between a display of ethical indignation and the imposition of a criminal fine” [Per Garrison J. in Haines v. Schultz, 50 N.J. L. 481]. The author goes on to state that punitive damages have been characterized as “fictional” or “judicial” damages reflecting the displeasure of the court. The purpose of a punitive award is to permit the court to express its outrage or indignation at, or disapproval of, the conduct of the defendant, to make him an example, punish him for it, and serve to deter the defendant and others from repeating the same or similar conduct. Punitive damages “are designed to express the repugnance of the public … towards the outrageous and heinous conduct of the defendant.” They take into consideration both the interests of the plaintiff and the interests of society. Their “object … is to make the example as well as the punishment fit the offense”. The award is a recognition that “some wrongs are more blameworthy than others.” They serve the important legal objectives of “retribution, deterrence and denunciation.” Unlike compensatory damages, they are not awarded at large.

Other Questions


What is the range of damages for damages for an infant plaintiff who lost his sight as a result of an operation for retinal detachment? (Manitoba, Canada)
What is the test for punitive damages in motor vehicle accident cases? (Manitoba, Canada)
Is there a new cause of action for punitive damages? (Manitoba, Canada)
How does the doctrine of negli gence apply when a defen dant causes damage to property where the damage was not caused by the defen-dant? (Manitoba, Canada)
Is Mani-toba liable in damages for damage caused by the drainage activities of Mani toba? (Manitoba, Canada)
What is the test for punitive damages in an action for breach of contract? (Manitoba, Canada)
Can punitive damages be awarded in a breach of contract case? (Manitoba, Canada)
Can punitive damages be sought in a motor vehicle accident? (Manitoba, Canada)
Is a child entitled to damages under the doctrine of common law damages under which they are not entitled? (Manitoba, Canada)
What is the test for recoverable damages for fraudulent use of shares of an insolvent company? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.