What is the test for punitive damages against a doctor who sexually abused a patient?
British Columbia, Canada
The following excerpt is from Asselstine v. Manufacturers Life Insurance Co., 2005 BCCA 292 (CanLII):
In addressing the question, it is, of course, of particular importance that the purpose of an award of punitive damages be borne in mind. McLachlin J. (now C.J.) put it succinctly in her largely concurring judgment on awarding such damages for a doctor having taken sexual advantage of his patient in Norberg v. Wynrib, 1992 CanLII 65 (SCC), [1992] 2 S.C.R. 226 at 299: Punitive damages are awarded, not for the purpose of compensating the victim for her loss, but with a view to punishing the wrongdoer and deterring both him and others from engaging in similar conduct in the future.
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