What is the test for an award for lost earnings?
Ontario, Canada
The following excerpt is from Ellsworth v Singer, 2016 ONSC 4281 (CanLII):
As stated by Dickson J. in Andrews v. Grand & Toy Alberta Ltd., 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229, at para. 87, “The monetary evaluation of non-pecuniary losses is a philosophical and policy exercise more than a legal or logical one. The award must be fair and reasonable, fairness being gauged by earlier decisions; but the award must also of necessity be arbitrary or conventional. No money can provide true restitution.” 3. Lost Earnings
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