What is the test for punitive damages in motor vehicle accident cases?
Manitoba, Canada
The following excerpt is from Unrau et al. v. Princess Auto Ltd., 2005 MBQB 178 (CanLII):
In Whiten v. Pilot Insurance Co., [2002] 1 S.C.R. 595, 2002 SCC 18, p. 645, there is the following: 94 …(1) Punitive damages are very much the exception rather than the rule, (2) imposed only if there has been high-handed, malicious, arbitrary or highly reprehensible misconduct that departs to a marked degree from ordinary standards of decent behaviour. …
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