What is the test for awarding punitive damages?
British Columbia, Canada
The following excerpt is from Oran v. Westwood Fibre Ltd., 1996 CanLII 769 (BC SC):
The test for determining whether an award of punitive damages is appropriate is described in Vorvis v. I.C.B.C., (1989) 1989 CanLII 93 (SCC), 36 B.C.L.R. (2d) 273 (S.C.C.) at p.291: Moreover, punitive damages may only be awarded in respect of conduct which is of such nature as to be deserving of punishment because of its harsh, vindictive, reprehensible and malicious nature. I do not suggest that I have exhausted the adjectives which could describe the conduct capable of characterizing a punitive award, but in any case where such an award is made the conduct must be extreme in its nature and such that by any reasonable standard it is deserving of full condemnation and punishment.
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