Rarotonga, 2010

Simon Shields, LLB

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Grounds of Appeal

. 2049390 Ontario Inc. v. Leung

In 2049390 Ontario Inc. v. Leung (Ont CA, 2020) the Court of Appeal commented on the failure to assess damages in this insurance broker negligence case:
[54] Given her finding that there was no liability and therefore the appellant was not entitled to damages, she had no obligation to assess damages. In these circumstances, a trial judge’s failure to assess damages is not a freestanding ground of appeal; success on this ground depends on whether damages were owing in the first place: Tkachuk Farms Ltd. v. LeBlanc Auction Service Ltd., 2008 SKCA 31, 307 Sask. R. 188, at para. 34; Morris Architect Group v. C.L. Bain Interior Design Ltd., 1997 ABCA 32, 47 Alta L.R. (3d) 269, at para. 8.


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