What is the range of damages available in a personal injury action?

The plaintiffs seek punitive and aggravated damages based on the conduct of the defendants. Punitive damages are awarded where the conduct complained of is worthy of punishment, whereas aggravated damages are compensatory, taking into account intangible injuries, such as distress and humiliation: see Vorvis v. Insurance Corp. of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085 (S.C.C.)

After a thorough review of the history of punitive damages, Binnie J., in Whiten v. Pilot Insurance Co., [2002] S.C.C. 18, at para. 78 said: “In my view, the correct approach is to assess the conduct in the context of all the circumstances and determine whether it is deserving of punishment because of its shockingly harsh, vindictive, reprehensible or malicious nature. Undoubtedly some conduct found to be deserving of punishment will constitute an actionable wrong but other conduct might not.