The plaintiff was seriously injured when struck by a motor vehicle driven by an impaired driver who had been drinking at a university pub.
The jury found the driver 70% liable and the pub 30% liable, awarding general, aggravated, and punitive damages, but dismissing the family members' claims.
On appeal, the Court of Appeal upheld the liability apportionment and general damages, but struck the separate aggravated damages award.
The Court affirmed that punitive damages are available in negligence actions for impaired driving but reduced the quantum from $100,000 to $20,000.
The Court also allowed the family members' appeal, awarding them damages under the Family Law Act.
