What are the punitive damages available to a plaintiff in a sexual assault case?
British Columbia, Canada
The following excerpt is from Royal Canadian Legion, Branch No. 15 v. Burkitt, 2005 BCSC 1752 (CanLII):
More recently, in Fung v. Lu (1997), 9 C.P.C. (4th) 81, [1997] B.C.J. No. 1316 (S.C.), Callaghan J. provided the following overview of punitive damages at ¶ 11: Punitive damages are awarded, firstly, in situations where the defendant’s misconduct is so malicious, oppressive and high-handed that it offends the court’s sense of decency, and secondly, in order to deter the defendant and others from acting in such a fashion.
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