What are the consequences of a claim against an unsuccessful defendant for risk premium for financial risk?
Ontario, Canada
The following excerpt is from Reaume v. Unifund Assurance, 2007 CanLII 37360 (ON SC):
In an overview, the result of a claim against an unsuccessful defendant for a risk premium for financial risk is, in effect, a separate head of damages as opposed to costs which an unsuccessful defendant would reasonably be expected to pay. I agree with and regard Walker v. Ritchie, as binding notwithstanding the recent changes to the Ontario scheme as in the Rules of Practice quoted. In the result, there will be no premium allowed or no special award made.
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