Rarotonga, 2010

Simon's Megalomaniacal Legal Resources

(Ontario/Canada)

ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)
SMALL CLAIMS / CIVIL LITIGATION / CIVIL APPEALS / JUDICIAL REVIEW / Practice Directives / Civil Portals

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Civil and Administrative
Litigation Opinions
for Self-Reppers


TOPICS


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

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]

BETTERMENT
Damages - Betterment

COLLATERAL BENEFITS
Damages - Collateral Benefits

COMPANION ANIMALS
Damages - Companion Animals

CONTINUING/RECURRING DAMAGES
|||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

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
|||Joint liability not affected by judgment or release [Courts of Justice Act, s.139 (Ont)] [#COURTS]

LIQUIDATED DAMAGES
Damages - Contrast Between Liquidated Damages and Penalty Clauses

LOSS OF CHANCE
Damages - Loss of Chance (+)

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

MITIGATION
Damages - Mitigation
Damages - Effect of Impecunosity 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

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



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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Last modified: 22-12-23
By: admin