Is a monetary award a "simpler remedy" that should not be awarded if there is evidence that a monetary remedy is not meaningful?

British Columbia, Canada


The following excerpt is from Haigh v. Kent, 2013 BCCA 380 (CanLII):

Harraway v. Harraway, Finch C.J.B.C. also suggested that a monetary award was a “simpler” remedy” that should be awarded absent evidence it will not provide a meaningful remedy (at para. 56).

Other Questions


Is there any case law where a judge significantly misapprehended the evidence and awarded an award based on that evidence? (British Columbia, Canada)
What is the case law in favour of awarding an award under the head of an award for gross negligence? (British Columbia, Canada)
What is the test for excluding evidence from the evidence of a breach of section 8 of the Charter? (British Columbia, Canada)
Can a party who has not produced evidence in favour of their position, or has no reasonable explanation for failing to call the evidence? (British Columbia, Canada)
What are the implications of an arbitrator's decision in a case where a plaintiff was awarded an award for discrimination against her employer based on her disability? (British Columbia, Canada)
Is there evidence of evidence of injuries that limit a person’s capacity but not in his or her present work? (British Columbia, Canada)
In what circumstances will a judge award a special costs award for an unsuccessful claim? (British Columbia, Canada)
What is the authority for reducing spousal support awards within the appropriate range of awards? (British Columbia, Canada)
Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.