What is the test for an award of exemplary or punitive damages in a sexual assault case?
British Columbia, Canada
The following excerpt is from Pfeiffer v. Russell, 1999 CanLII 1766 (BC SC):
An award of exemplary or punitive damages, sometimes referred to a “judicial damages”, reflects the court’s displeasure at the heinous nature of the defendant’s conduct. It, in effect, constitutes a fine and is intended to serve the societal purpose of punishing the wrongdoer and deterring him and others from similar conduct in the future. In Vorvis v. I.C.B.C., 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085 at 1108, McIntyre J. stated: …where such an award is made the conduct must be extreme in its nature and such that by any reasonable standard it is deserving of full condemnation and punishment.
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