What is the legal test for damages for a property that was strata titled?
British Columbia, Canada
The following excerpt is from Beiser v. A Law Firm, 1984 CanLII 853 (BC SC):
On the assumption or hypothesis that the property was strata titled and that the plaintiffs sold when they became aware of the breach, (suggested by the evidence as the probable course of action) it falls to determine firstly what value is to be assigned to the effect of strata titling the property at this time. The plaintiffs' damages are assessed by reference to the profits the plaintiffs would reap but for the breach: see Cottrill v. Steyning & Littlehampton Bldg. Soc., [1966] 1 W.L.R. 753, [1966] 2 All E.R. 295 (Q.B.D.).
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