Does the court have to consider whether the amount of damages awarded in the case would be inadequate in the context of the sale of the property?

British Columbia, Canada


The following excerpt is from Oppermann v. Andersen, 2009 BCSC 992 (CanLII):

The court must also consider whether a money award would be inadequate in the case: Peter v. Beblow, at 997. Given that the property in question has already been sold, and the funds are presently being held in trust, this issue does not arise on the facts of this case.

Other Questions


What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
What is the difference between the amount of spousal support awarded by a court and the amount that is awarded by the court? (British Columbia, Canada)
What factors should be considered in determining the amount of damages awarded by the Court in a personal injury case? (British Columbia, Canada)
What factors must a court consider when deciding whether to award damages in a personal injury action? (British Columbia, Canada)
In what circumstances will a civil court require a higher degree of probability than it would require for a criminal court to consider whether negligence was established? (British Columbia, Canada)
What factors will the court consider in awarding non-pecuniary damages to a plaintiff? (British Columbia, Canada)
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
How have courts awarded damages for loss of amenity in cases involving cutting trees on someone else's property? (British Columbia, Canada)
In what circumstances will a court issue a special levy to repair a damaged or damaged property? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.