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Damages
COMMENTS
Overwhelmingly, 'damages' is the most common lawsuit remedy. Our society finds it easier to resolve civil disputes down to dollar terms. In Canada, punitive damages are awarded neither as frequently nor in the high amounts that you may see on US news.
ALPHABETICAL LIST
Damages - General
ACCOUNTING OF PROFITS
Damages - Accounting of Profits
ADVANCE DAMAGE PAYMENTS
|||Advance payments [Courts of Justice Act, s.120 (Ont)] [#COURTS]
AGGRAVATED DAMAGES
Damages - Aggravated Damages
APPEALS
Damages - Grounds of Appeal
Damages - Standard of Review
|||Power of court on appeal (personal injury) [Courts of Justice Act, s.119 (Ont)] [#COURTS]
APPORTIONMENT
Damages - Apportionment
ASSESSMENT OF DAMAGES
Damages - Assessment of Damages
BETTERMENT
Damages - Betterment
CLASS ACTIONS [LINK]
Class Actions - Aggregate Damages
COLLATERAL BENEFITS
Damages - Collateral Benefits
COMPANION ANIMALS
Damages - Companion Animals
CONTINUING/RECURRING DAMAGES
Damages - Continuing/Recurring
|||Assessment of damages (personal injury) [Courts of Justice Act, s.117 (Ont)] [#COURTS]
COSTS, LEGAL
Damages - Prior Legal Costs as Damages
DATE OF ASSESSMENT OF DAMAGES
Damages - Date of Assessment (+)
DEFAMATION DAMAGES
Damages - Defamation
DISGORGEMENT
Damages - Disgorgement (+)
FAMILY LAW ACT DAMAGES
Damages - Family Law Act s.61
FINALITY AND EXCEPTIONS [see also 'Personal Injury Damages']
Damages - Finality
FOREIGN CURRENCY
|||Foreign money obligations [Courts of Justice Act, s.121 (Ont)] [#COURTS]
FORSEEABILITY
Damages - Forseeability
FRAUD
Damages - Fraud
GENERAL DAMAGES
Damages - General (Non-Pecuniary) Damages
INJUNCTIONS AND SPECIFIC PERFORMANCE, DAMAGES IN SUBSTITUTION/SUPPLEMENT FOR
|||Damages in substitution for injunction or specific performance [Courts of Justice Act, s.99 (Ont)] [#COURTS]
INSURANCE
Damages - Insurers Denial of Meritorious Claim
INVOLUNTARY PARENTHOOD
Damages - Involuntary Parenthood
JOINT LIABILITY
Damages - Joint Liability and Judgment or Release [CJA s.139(1)]
|||Joint liability not affected by judgment or release [Courts of Justice Act, s.139(1) (Ont)]
JOINT AND SEVERAL LIABILITY
Damages - Joint and Several Liability
LIQUIDATED DAMAGES
Damages - Contrast Between Liquidated Damages and Penalty Clauses
LOSS OF CHANCE
Damages - Loss of Chance (+)
LOSS OF COMPETITIVE ADVANTAGE ('LOCA')
Damages - Loss of Competitive Advantage ('LOCA')
LOSS OF EARNINGS CAPACITY
Damages - Loss of Earnings Capacity
LOSS OF PROFIT
Damages - Loss of Profit
MEANING
Damages - Meaning of 'Damages'
MENTAL DISTRESS
Damages - Mental Distress/Injury Damages (+)
MEASURE OF DAMAGES
Difficult to Prove
Damages - Difficult to Prove
Expectation
Damages - Expectation Measure
Damages - Calculating Contract Damages
Damages - Reliance versus Expectation Contractual Damages
'But-for'
Damages - But-for Measure
Other
Damages - Hypothetical Negotiation as Measure of Damages
MITIGATION
Damages - Mitigation
Damages - Effect of Impecunosity on Mitigation
Damages - Mitigation - Effect of Insurance on Mitigation
NOMINAL DAMAGES
Damages - Nominal Damages
OHIP SUBROGATION
Damages - OHIP Subrogation
PERSONAL INJURY DAMAGES [see also 'Finality']
Damages - Personal Injury
|||Periodic payment and review of damages [Courts of Justice Act, s.116 (Ont)] [#COURTS]
|||Periodic payment, medical malpractice actions [Courts of Justice Act, s.116.1 (Ont)] [#COURTS]
|||Guidance and submissions to Jury [Courts of Justice Act, s.118 (Ont)] [#COURTS]
PRIVACY INFRINGMENT
Damages - Privacy Infringement
PROPERTY DAMAGE
Damages - Property Damage
PUNITIVE DAMAGES
Damages - Punitive Damages (+)
PURE ECONOMIC LOSS
Damages - Pure Economic Loss (+)
REAL PROPERTY
Damages - Real Property
REMOTENESS
Damages - Remoteness
QUANTUM MERUIT
Damages - Quantum Meruit
SAMPLE AWARDS
Damages - Sample Awards
SPECULATIVE
Damages - Speculative
STATUTORY COMPENSATION
Damages - Speculative
THIRD PARTY CREDITORS
Damages - Third Party Creditors
TORTS
Damages - Torts
EDIT NOTES
- Ruston v. Keddco MFG. (2011) Ltd. (Ont CA, 2019) [aggravated]
- Folland v. Reardon, 2005 CanLII 1403 (ON CA) [loss of chance]
Citadel General Assurance Co. v. Laurence Bank Canada 1997 CanLII 334 (SCC) [tracing/mixing of funds]
- BMP Global Distribution Inc. v. Bank of Nova Scotia, 2009 SCC 15 (CanLII) [tracing/mixing of funds]
- (Litigation Guardian of) v. Penlon Ltd.) (1994) Carswell Ont. 931 (Gen. Div.) [nervous shock, paras 135-145]
- Henry v British Columbia (Attorney-General) (SCC, 2015) [canvass of charter damages]
- Endean v. St. Joseph's General Hospital (Ont CA, 2019) the Court of Appeal ...
damages / apportionment (Negligence Act) 47-49
- Plate v. Atlas Copco Canada Inc. (Ont CA, 2019)
- damages / role of crim restitution orders 103-104, 106-110
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