What is the case law in favour of awarding an award under the head of an award for gross negligence?
British Columbia, Canada
The following excerpt is from Zacher v Prescesky, 2019 BCSC 500 (CanLII):
The rationale for an award under this head was discussed by Hall J.A., with whom the other judges agreed on this issue, in Brimacombe v. Dr. Matthews, 2001 BCCA 206 at para. 243:
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