What is the test for determining the actual value of a plaintiff’s goods?
British Columbia, Canada
The following excerpt is from Fry v. Smyk dba Autosource Buyers Service et al., 2004 BCSC 1621 (CanLII):
The plaintiff submits that the decision of Mr. Justice Parrett of this court in Robertson v. Stang et al. (1997), 38 C.C.L.T. (2nd) 62, is of assistance. There it was held that the following factors are relevant to a determination of the actual value of the plaintiff’s goods: (a) The amount paid for the goods by the plaintiff at the time of purchase... (b) The retail value of the goods at the time they were purchased by the plaintiff... (c) The cost of replacing the goods [at the time of loss]... (d) The estimated market value of the items [including depreciation] at the time of loss... [See para. 104]
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