What is the test for punitive damages in a defamation case?

British Columbia, Canada


The following excerpt is from Northwest Organics, Limited Partnership v Roest, 2018 BCSC 866 (CanLII):

Punitive damages are awarded where the defendant’s conduct is so malicious, oppressive and high handed that it offends the court’s sense of decency. Punitive damages are only awarded when the sum of general and aggravated damages does not sufficiently achieve the objectives of damages awards: Nazerali v. Mitchell, 2018 BCCA 104 at para. 91.

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