In a personal injury action, is a plaintiff's criminal record relevant to determining whether to award punitive damages?
British Columbia, Canada
The following excerpt is from Yeh v. Whittle, 2005 BCSC 1798 (CanLII):
In Whiten v. Pilot Insurance Co., [2002] 1 S.C.R. 595 at ¶ 69, 209 D.L.R. (4th) 257, 20 B.L.R. (3d) 165, 2002 SCC 18, Binnie J. for the majority notes that prior criminal proceedings can be of great importance in determining if punitive damages are appropriate, but they are not a complete bar to punitive damages.
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