What is the test for punitive damages in B.C.?
British Columbia, Canada
The following excerpt is from Carley Estate v. Allied Signal Inc., 1997 CanLII 2870 (BC CA):
I am of the view that the chambers judge applied the correct test and reached the proper conclusion. I agree with counsel for the respondents that the law is settled. The statute in question has been interpreted as dealing only with pecuniary loss. It does not embrace the concept of punitive damages. Vorvis v. I.C.B.C. which deals with common law principles has no application to statutory interpretation. For the reasons given by Madam Justice Boyd I would dismiss this appeal.
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