What is the impact of the fifth criterion in assessing damages?
Yukon, Canada
The following excerpt is from Humphrey v. Tanner, et al & McDougall, 2015 YKSC 27 (CanLII):
In Van Gils v. Grandmaison, 2013 BCSC 613, at para. 13, Schultes J. describes the fifth criterion as "a negative assessment - identifying the point below which the damages award will not fall."
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