Does a plaintiff have to plead for punitive damages in a personal injury action?
British Columbia, Canada
The following excerpt is from Kralik v. Mt. Seymour Resorts Ltd. et al, 2007 BCSC 258 (CanLII):
In Whiten v. Pilot Insurance Company, 2002 SCC 18 the court held that punitive damages need to be pleaded or at least amendments need to be made to the pleadings. However, the defendant did not object to the issue being raised, so rather than deal with the issue on the point of pleadings, I will address the substantive issue.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In a personal injury action, is a plaintiff's criminal record relevant to determining whether to award punitive damages? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
What is the test for a plaintiff to mitigate damages in a personal injury action? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
What is the standard of pleading in a personal injury action where there are several causes of action against multiple parties? (British Columbia, Canada)
