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Damages

'Damages' is an interesting area of law, focussing as it does on the final (and most lucrative ;-) stage of trials. Most of the real 'work' in damages law deals with the logical nitty-gritty of summing things up over the various types of damages involved. Punitive damages, while getting most of the attention, are rarely awarded and not in the high values you might see in US news.
GENERAL

Meaning of Damages

TYPES OF DAMAGE

General (Non-Pecuniary) Damages

Mental Distress Damages
Loss of Earnings Capacity
Pure Economic Loss
Loss of Chance
Expectation Damages
Measure of Damages
Nominal Damages
Companion Animals
Infringment of Privacy
Defamation
Accounting of Profits

PUNITIVE AND AGGRAVATED DAMAGES

Punitive Damages | Part II
Aggravated Damages

MISCELLANEOUS

Date of Assessment
Family Law Act s.61 Damages
Forseeability
Calculating Contract Damages
Quantum Meruit
Involuntary Parenthood
OHIP Subrogation
Finality
Contrast Between Liquidated Damages and Penalty Clauses
Prior Legal Costs as Damages
Effect of Impecunosity on Mitigation
Mitigation
Insurers Denial of Meritorious Claim
Damages Difficult to Prove
Betterment
Disgorgement

APPEALS

Grounds of Appeal
Standard of Review



Cases to be integrated
- 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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