The evidence in this case does not add up to a situation where either aggravated or punitive damages should be awarded. The conduct of the defendant has lengthened the notice period. However, in these circumstances, to add to that situation by way of punitive damages would amount to punishment without an appropriate justification. As stated in Vorvis v. ICBC (1989), 1989 CanLII 93 (SCC), 36 B.C.L.R. (2d) 273, 290, "The only basis for the imposition of such punishment (punitive damages) must be a finding of the commission of an actionable wrong which caused the injury complained of by the plaintiff." The circumstances here are not such that would warrant punitive damages.
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