Is there any case law in which a plaintiff has been found to have suffered serious and sustained market share damage?
Alberta, Canada
The following excerpt is from CCS Corporation v. Secure Energy Services Inc., 2009 ABQB 275 (CanLII):
Likewise, in WIC Premium Television v. Levin, [1999] F.C.J. No. 652 (F.C.T.D.) Sharlow J. (as she then was) found that the plaintiff had failed to present any evidence of market share or even an estimate of the business that the defendant had. It appears, therefore, that she accepted that damage could be made out on that basis, but that there was insufficient evidence of “serious damage”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If plaintiff had retained the home and at the trial date could she say she intended to occupy or retain the home, and if so, would the cost of the home be taken into consideration for damages? (Alberta, Canada)
Can a plaintiff recover damages in an action of deceit? (Alberta, Canada)
In what circumstances can a plaintiff sue a manufacturer or designer of a barbecue for damages caused by a gas leak close to one of the burners? (Alberta, Canada)
In what circumstances will a plaintiff be denied a jury trial for damages that are less than the statutory threshold? (Alberta, Canada)
Can a jury award pain and suffering damages? (Alberta, Canada)
Can a person charged with a serious criminal offence that is serious and complex be granted legal aid at the expense of the state? (Alberta, Canada)
What is the test for assessing damages for loss of income before a plaintiff has entered into a contract? (Alberta, Canada)
What is the test for determining whether an occupier of a building is liable for damage caused to a plaintiff's property by an electrical shock? (Alberta, Canada)
What is the test for a plaintiff to be held liable for injuries sustained in a motor vehicle accident? (Alberta, Canada)
What are the arguments raised by the trial judge in a motor vehicle accident case for damages for years lost by a plaintiff who is not injured but injured? (Alberta, Canada)
