What is the "functional" approach to damages under s. 24(1) of the Charter?
Canada (Federal), Canada
The following excerpt is from Vancouver (City) v. Ward, [2010] 2 SCR 28, 2010 SCC 27 (CanLII):
A functional approach to damages finds damages to be appropriate and just to the extent that they serve a useful function or purpose. This approach has been adopted in awarding non‑pecuniary damages in personal injury cases (Andrews v. Grand & Toy Alberta Ltd., 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229), and, in my view, a similar approach is appropriate in determining when damages are “appropriate and just” under s. 24(1) of the Charter.
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