What is the test for punitive damages in motor vehicle accident law?
British Columbia, Canada
The following excerpt is from Schatroph v. Preston Chevrolet Oldsmobile Cadillac Ltd., 2003 BCSC 265 (CanLII):
As for punitive damages, Vorvis v. ICBC, 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085 is still the leading authority. Punitive damages are divorced from the concept of compensation. Canadian law reserves an award of punitive damages for clear cases that demand punishment of the defendant. That Canadian law does so is obviously based on an understanding that once let slip punitive damages are inherently set and controlled by no inherent logic. It is my conclusion that there is nothing in the case at bar that engages the concept of punitive damages.
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