Can punitive damages be sought in a motor vehicle accident?

Manitoba, Canada


The following excerpt is from J-Sons Inc. v. N. M. Paterson & Sons Limited, 2009 MBQB 263 (CanLII):

I interpret Binnie J.’s comments in Whiten v. Pilot Insurance Co. (hereinbefore referred to in para. 26) to mean that punitive damages can be sought and awarded in any case wherein the defendant’s actionable wrong warrants such a remedy, no matter what other causes of action are relied upon by the plaintiff. The seeking and awarding of punitive damages is, in effect, an additional cause of action to that of the other causes of action. An award of punitive damages is punishment to the defendant rather than compensation to the plaintiff.

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