In Chester v. Campbell (Victoria Registry 10-1595), the defendants applied at the commencement of trial by judge and jury for an order striking the plaintiff’s claim for punitive damages or, in the alternative, an order severing the issue of punitive damages such that the claim would be heard by judge alone. The action was a personal injury claim arising out of a motor vehicle accident. The defendant driver received a 90-day suspension and a violation ticket for driving without due care and attention pursuant to the Motor Vehicle Act. A judge in chambers had previously granted the plaintiff’s application to amend his pleadings to include the claim for punitive damages. That order was not appealed. The reasons for judgment of the chambers judge were not ordered and were therefore not before Justice Power.
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