Can a plaintiff receive exemplary or punitive damages for trespass?

British Columbia, Canada


The following excerpt is from Stewart v Phillips, 2018 BCSC 828 (CanLII):

The plaintiff also seeks exemplary or punitive damages for trespass. It is clear that exemplary or punitive damages for trespass can be awarded by the court: Thee v. Martin, 1998 CarswellBC 339 (S.C.).

Other Questions


Is there any case law in which a plaintiff was awarded damages including exemplary or punitive damages against Andersen? (British Columbia, Canada)
Can an individual who makes allegations of breach of fiduciary duty, intentional misrepresentation and an insupportable claim for punitive and exemplary damages receive special costs? (British Columbia, Canada)
What are the reasons for judgment of the chambers judge in chambers striking a plaintiff’s claim for punitive damages? (British Columbia, Canada)
Does a plaintiff have an obligation to receive treatment to reduce their damages? (British Columbia, Canada)
Is a plaintiff entitled to punitive damages for publishing an offensive and libellous statement? (British Columbia, Canada)
What is the test for punitive or exemplary damages? (British Columbia, Canada)
What is the test for punitive damages in a case brought by a plaintiff against the Church of Scientology? (British Columbia, Canada)
What is the impact of punitive damages on a plaintiff's ability to obtain an order for special costs? (British Columbia, Canada)
Is a defendant entitled to a claim for punitive damages even if he has received a sentence for one of the assaults? (British Columbia, Canada)
Is a plaintiff entitled to be treated as a thin-skulled plaintiff for the purpose of damage assessment? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.