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.

Other Questions


What is the range of damages for defamation damages in defamation cases? (British Columbia, Canada)
Is there any case law in which a plaintiff was awarded damages including exemplary or punitive damages against Andersen? (British Columbia, Canada)
In a defamation case, is a plaintiff entitled to general damages for defamation? (British Columbia, Canada)
What are punitive damages available in a breach of contract case? (British Columbia, Canada)
What is the test for damages in a defamation case? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
What is the range of damages available in defamation cases? (British Columbia, Canada)
What is the test for punitive damages in a case brought by a plaintiff against the Church of Scientology? (British Columbia, Canada)
What are the legal principles to guide an award of general and punitive damages in a sexual assault case? (British Columbia, Canada)
What is the test for punitive damages in a breach of contract case? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.