What is the test for awarding punitive damages in an unprovoked assault by a hockey assistant trainer?
British Columbia, Canada
The following excerpt is from Bajwa v Deol, 2017 BCSC 1673 (CanLII):
For further guidance, I rely upon the decision of Justice Burnyeat in Reddemann v. McEachnie, 2005 BCSC 915, a case involving an unprovoked attack by a hockey assistant trainer on a spectator. Burnyeat J. awarded punitive damages to the plaintiff, taking into account the fact that the attack was unprovoked, the value of deterring and denunciating such egregious behaviour, and the absence of any criminal proceedings or actions taken by the hockey league to punish the defendant’s behaviour.
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