What is the test for liquidated damages?
Alberta, Canada
The following excerpt is from Di Lallo v. Lokken Associates Training Consultants, 2011 ABPC 296 (CanLII):
Accordingly, I find that the plaintiff has proven on a balance of probabilities that the defendant breached its contract of employment with him, gave insufficient notice of the implementation and operation of the charge back system amendment and is liable in damages. Liquidated Damages v. Penalty
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