What categories of damages can be awarded in a personal injury action where there has been a criminal conviction?
British Columbia, Canada
The following excerpt is from K.A.T. v. J.H.B., 1998 CanLII 15073 (BC SC):
The final category to which I turn are punitive damages. There is no absolute rule that punitive damages cannot be awarded if there has been a criminal penalty earlier imposed upon a defendant. See Glendale v. Drozdik (1993), 77 B.C.L.R. (2d) 106. It is still open to the court to impose a punishment in the form of punitive damages in respect of the conduct of the defendant which fell outside of the scope of the criminal conviction.
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