What is the best indication for assessing the value of a claim against a defendant?
British Columbia, Canada
The following excerpt is from Surerus v. Rudiger, 2000 BCSC 1746 (CanLII):
Here we do not have expert opinion evidence, so the court must do its best on the material before it. The best indication is the charges made by the plaintiff, provided those charges are valid, and have a proper basis, such as a record of the number of hours worked by men and equipment. I consider those amounts to be more useful for assessing the value of the claim than the arbitrary values attributed to the work by the defendant. I do not consider that the charges are so greatly in excess of the value that the approach taken by the court in His Majesty the King v. Emil Wallberg, 1911 CanLII 48 (SCC), [1911] 44 S.C.R. 208, of viewing each part of the claim with skepticism, as submitted should be done by counsel for the defendant, is appropriate.
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