In what circumstances will a plaintiff be able to claim damages for the loss of money owing on his truck?

Nova Scotia, Canada


The following excerpt is from Hillier v. Mann, 2001 NSSC 180 (CanLII):

In Iverson v. Onland, [1992] B.C.J. No. 1698 there was a claim for money owing on his truck which was used in the plaintiff’s business as a courier. Holmes J. stated at p. 14: I do not find the plaintiff's separate claim for a remaining balance owing after resale of his truck to be a compensable loss. It is a claim apparently based upon the plaintiff's impecuniosity which I find neither foreseeable nor resulted from the defendant's negligence. In my view the plaintiff was about to be terminated from employment as a courier at the time of the accident in any event and would have been without employment income. Further I am not satisfied the plaintiff made any reasonable attempt to alleviate short term financing difficulties by loan or lease postponement.

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