Punitive damages are a type of civil damages awarded to a plaintiff in a civil lawsuit. They are meant to punish the defendant for particularly egregious conduct and to deter similar conduct in the future. Punitive damages are not awarded in all cases, and the legal test for punitive damages varies from jurisdiction to jurisdiction.
In the case of Vorvis v. Insurance Corporation of British Columbia, the Supreme Court of Canada established a test for punitive damages that is used in many jurisdictions. To support a claim for punitive damages, the plaintiff must show that the conduct of the defendant was harsh, vindictive, reprehensible or malicious.
The Supreme Court of Canada held that punitive damages should only be awarded in cases where the defendant’s conduct was particularly egregious and went beyond mere negligence. The court stated that the defendant’s conduct must be “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.”
The court further held that the defendant’s conduct must be motivated by a desire to harm the plaintiff. The court stated that the defendant must have acted with “malice or recklessness” in order for punitive damages to be awarded.
In addition to the conduct of the defendant, the court also considered the harm suffered by the plaintiff. The court held that punitive damages should only be awarded in cases where the plaintiff has suffered significant harm. The court stated that punitive damages should not be awarded “simply because the defendant has acted wrongfully.”
The test for punitive damages established by the Supreme Court of Canada in Vorvis v. Insurance Corporation of British Columbia is used in many jurisdictions. To support a claim for punitive damages, the plaintiff must show that the conduct of the defendant was harsh, vindictive, reprehensible or malicious, and that the defendant acted with malice or recklessness. The plaintiff must also show that they have suffered significant harm as a result of the defendant’s conduct.
