What is the test for determining punitive damages in a motor vehicle accident?

The plaintiff relies upon the following factors in determining the level of blameworthiness of the defendant which may influence the award of punitive damages. These factors were outlined by Binnie J. in his judgment in Whiten v. Pilot Insurance Co.:[3] 1. whether the misconduct was planned and deliberate; 2. the intent and motive of the defendant; 3. whether the defendant persisted in the outrageous conduct over a lengthy period of time; 4. whether the defendant concealed or attempted to cover-up its misconduct; 5. the defendant’s awareness that what it was doing was wrong; 6. whether the defendant profited from its misconduct; and 7. whether the interest violated by the misconduct was known to be deeply personal to the plaintiff.