What factors must be considered in determining the quantum of damages in a motor vehicle accident?

Ontario, Canada


The following excerpt is from McIntyre v. Grigg, 2006 CanLII 37326 (ON CA):

Fourth, the quantum must be proportionate to the need for deterrence. See Whiten at paras. 118-22. While in Whiten this factor was considered in the context of a large and wealthy insurance company defendant profiting at the expense of a vulnerable plaintiff, there is also clearly a need for deterrence in impaired and reckless driving accidents. As La Forest J. stated at pp. 267-68 and McLachlin J. stated at pp. 300-01 S.C.R. in Norberg v. Wynrib, supra, egregiously blameworthy conduct that is prevalent in our society creates a consequent need for deterrence. The very fact that the conduct is prevalent merits a higher award of damages.

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