What is the test for a plaintiff's claim for punitive damages?
Saskatchewan, Canada
The following excerpt is from Van de Geer Estate v. Penner, 2004 SKQB 253 (CanLII):
The plaintiff’s claim for punitive damages has not been plead in the manner as required in Lauscher v. Barryere (supra). In addition there is no evidential basis to support such a claim. Therefore that claim is dismissed.
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