What is the test for awarding exemplary or punitive damages in a medical malpractice case?
Alberta, Canada
The following excerpt is from Sharma v Raval, 2016 ABQB 404 (CanLII):
At para 10, Rutherford J. cautioned: The court’s discretion to make an award of exemplary or punitive damages should be exercised very cautiously and reserved for cases where the misconduct is extreme in its nature and such that by any reasonable standard is deserving of full condemnation and punishment. See: Vorvis v. Insurance Corp. of British Columbia. 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085 at 1107-8. 58 D.L.R. (4th) 193.
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