In what circumstances will the court allow a plaintiff to seek damages for undifferentiated damages?
Ontario, Canada
The following excerpt is from Murphy v. National Bank of Canada, 2012 ONSC 1360 (CanLII):
Experience over the years has alerted me to the dangers of bending rules over and over to accommodate claims for extravagant undifferentiated damages on the basis that there was unfair treatment in relation to a prior litigation before the court. Boswell J. in Roskam v. Jacoby-Hawkins commented:
"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
What factors are considered by the Court in deciding whether to allow a plaintiff to sue for damages in a separate action against a landlord? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
In what circumstances will a plaintiff be awarded damages for damages that would otherwise have been awarded in the context of a claim for wrongful dismissal? (Ontario, Canada)
In what circumstances will a court refuse to allow a mother of two to move with her children to the United States? (Ontario, Canada)
Can a plaintiff recover damages for mental distress arising out of circumstances that aggravate the breach of contract? (Ontario, Canada)
What factors will the court consider in determining whether to award damages to a plaintiff in a motor vehicle accident in a different county? (Ontario, Canada)
When dealing with punitive damages, when dealing with compensatory damages, does the court have a much greater scope and scope on appeal? (Ontario, Canada)
In what circumstances have courts found that a plaintiff was not contributorily negligent when she fell and hit her head on a sidewalk where she was walking at least twice a day? (Ontario, Canada)
In what circumstances will the court allow a mother to change the child's residence 380 km (200 miles) away from the child’s current residence? (Ontario, Canada)
In what circumstances will a court order that a plaintiff obtain a different type of medical report? (Ontario, Canada)
