What is the legal test for damages for damage caused by a breach of the law by a party to a property?
Alberta, Canada
The following excerpt is from Khalon v. Done Fair Janitorial Services Inc., 2007 ABCA 26 (CanLII):
Waddams notes, in The Law of Damages, Looseleaf Ed. at 1.2320, that the usual measure of damages for deficiencies in property caused by a party’s breach is the cost of restoration. He also notes, at 1.2450, that the cost of replacement will not be allowed if the owner could have repaired the property at a lesser cost. The onus, however, is on the wrongdoer to show that the expenditure was unreasonable or that a less expensive restoration would have served the purpose: Lodge Holes Colliery v. Wednesbury Corp., [1908] AC 323 (HL) at 325.
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