Rarotonga, 2010

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(Ontario)

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TOPICS

Damages


COMMENTS

'Damages' is the overwhelming common civil action (lawsuit) remedy. Our society finds it easier to resolve disputes down to dollar terms, that or jail. In any event, this is it's law, or at least some of it. Punitive damages, while getting most of the attention, are rarely awarded and not in the high values you might see in US news.



CASES

General

Damages - Meaning of 'Damages'

Types of Damages

Damages - General (Non-Pecuniary) Damages
Damages - Mental Distress Damages (+)
Damages - Loss of Earnings Capacity
Damages - Pure Economic Loss
Damages - Loss of Chance
Damages - Expectation Damages
Damages - Measure of Damages
Damages - Nominal Damages
Damages - Companion Animals
Damages - Infringment of Privacy
Damages - Defamation
Damages - Accounting of Profits

Punitive and Aggravated Damages

Damages - Punitive Damages | Part 2
Damages - Aggravated Damages

Other Issues

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

Appeals

Damages - Grounds of Appeal
Damages - Standard of Review



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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