What is the range of damages a plaintiff can claim in negligence?
Ontario, Canada
The following excerpt is from 614128 Ontario Ltd. o/a Trisan Construction v Epstein, 2017 ONSC 4417 (CanLII):
There are many contingencies to take into consideration. A plaintiff should be compensated for the full amount of its loss, but no more. The goal of compensatory damages is, after all, to put the plaintiff in the position, so far as money can do it, that it would have been in had the negligence not occurred: see, for instance, Ratych v. Bloomer, [1990] 1 S.C.R. 94, at paras. 44-45.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff claim damages for wrongful termination and damages equivalent to 2 years notice period? (Ontario, Canada)
Is there any case law in which a plaintiff can claim damages from a disability insurance contract for loss of income as a result of a tortfeasor's negligence? (Ontario, Canada)
In what circumstances will a plaintiff be awarded damages for damages that would otherwise have been awarded in the context of a claim for wrongful dismissal? (Ontario, Canada)
Can a plaintiff claim aggravated damages in a motor vehicle accident claim? (Ontario, Canada)
Is a pleading of negligent misrepresentation in a claim for damages arising in negligence simpliciter? (Ontario, Canada)
What authorities have been found to be negligent misrepresentation in the context of a claim for damages from a plaintiff? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
Is a plaintiff entitled to recover damages from her employer if she is injured just a little bit negligent? (Ontario, Canada)
Can a plaintiff amend the statement of claim to assert constructive dismissal damages? (Ontario, Canada)
Does an alternate partially successful claim for compensation against his aunt 11 months after the date of a subsequent acknowledged liability of that subsequently acknowledged liability in a claim for damages arising out of a property valuation? (Ontario, Canada)
