What is the quantum of exemplary damage awarded in a motor vehicle accident?

An exemplary damage award should receive careful consideration and the discretion to award them should be cautiously exercised: Vorvis v. Insurance Corporation of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085 per McIntyre at 1104-1105. In Vorvis, supra, Madam Justice Wilson held that the quantum award should not be excessive, but rather reasonable in keeping with the Canadian experience in the award of relatively modest punitive damages (at 1131).

In the award of exemplary damages, punishment is also coupled with deterrence: Exemplary damages may be awarded only where the combined award of general and aggravated damages would be insufficient to achieve the goal of punishment and deterrence. In addition, it is necessary for such an award to serve a rational purpose, that is, was the misconduct of the defendant so outrageous that punitive damages were rationally required to act as a deterrence: Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130, per Cory J., at 1205-1206.