How is a plaintiff’s loss calculated?
British Columbia, Canada
The following excerpt is from Rabiei v Oster, 2019 BCSC 733 (CanLII):
The plaintiff’s loss is assessed on the basis of the difference between the plaintiff’s original position just before occurrence of the negligent act or omission, and the injured position after and as a result of such act or omission: Athey, at paras. 34-35. The assessment is an exercise of judgment, not a mathematical calculation. Ultimately, the court must base its decision on what is reasonable in all of the circumstances. Projections, calculations and formulas are only useful to the extent that they help determine what is fair and reasonable. See, for example, Parypa v. Wickware, 1999 BCCA 88, at para. 70, and Jurczak v. Mauro, 2013 BCCA 507, at para. 36.
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