Rarotonga, 2010

Simon Shields, LLB

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Damages - Foreseeability

. Murphy v. Mullen

In Murphy v. Mullen (Ont CA, 2021) the Court of Appeal considered whether foreseeability applied to the quantification of damages, here in a trespass case where the issue was the anticipated future use of the trespassed-upon land. The court seems to support the forseeability conclusion that damages will be assessed where the trespassed-upon owner will use the land “in any reasonable and usual way” [para 25-50].

. Tran v. Bloorston Farms Ltd.

In Tran v. Bloorston Farms Ltd. (Ont CA, 2020) the Court of Appeal considered an issue of the reasonable foreseeability of damages:
[71] Damages for breach of a lease are reasonably foreseeable if “(i) in the ‘usual course of things’, they arise fairly, reasonably, and naturally as a result of the breach of contract; or (ii) they were within the reasonable contemplation of the parties at the time of contract”: Saramia Crescent General Partner Inc. v. Delco Wire and Cable Limited, 2018 ONCA 519, at para. 36.



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