What is the test for determining a plaintiff’s loss?
Alberta, Canada
The following excerpt is from Jones v. Schloss, 1999 ABQB 911 (CanLII):
Counsel have also cited Donnelly v. Joyce, [1973] 3 All E.R. at 479 C.A.) where Megaw L. J. wrote: [The plaintiff’s] loss is the existence of the need for ... nursing services, the value of which for the purposes of damages - for the purpose of the ascertainment of the amount of his loss - is the proper and reasonable cost of supplying those needs ... So far as the defendant is concerned, the loss is not someone else’s loss. It is the plaintiff’s loss. (emphasis added)
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