What is the test for a monetary remedy in a personal injury action?

Ontario, Canada


The following excerpt is from Vallier v Meester, 2015 ONSC 2312 (CanLII):

[67] At para [73] the Court in Kerr v. Baranow instructs that a monetary remedy must match as best it can the extent of the enrichment unjustly retained by the respondent. In other words, at the remedy stage the respective contributions of the parties are taken into account to address the disproportionate retention of assets acquired through joint efforts. This is not an “exact science”. “It calls, rather, for the reasoned exercise of judgment in light of all of the evidence.”

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