What is the devaluation principal in a motor vehicle accident case?

Ontario, Canada


The following excerpt is from Broadbent v. Greater Toronto Transit Authority, 2008 CanLII 1418 (ON SC):

The devaluation principal referred to in Jackson v. Pearson (supra) is entirely consistent, in my view, with the above principles. At Para 17, Zelinski J. quoted a description of the devaluation principal as follows: “the original accident caused what may be called a "devaluation" of the plaintiff, in the sense that it produced a general reduction of his capacity to do things, to earn money and to enjoy life. For that devaluation, the original tortfeasor should be and remain responsible to the full extent, unless before the assessment of damages, something has happened which either diminishes the devaluation…. or by shortening the expectation of life diminishes the period over which the plaintiff will suffer from the devaluation. If the supervening event is a tort, the second tortfeasor should be responsible for the additional devaluation caused by him."

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