Can a judge consider the quantum of an award in light of economic analysis?
British Columbia, Canada
The following excerpt is from Campbell v Peter Kiewit Infrastructure Co., 2020 BCSC 805 (CanLII):
It can be helpful under either approach for the judge to consider the quantum of the award in light of the range of possibilities indicated by economic analysis. Mathematical aids and economic analysis facilitate a “bracketing” exercise that indicates the high and low extremities of possible awards in a given case, as was recently considered by this Court in Grewal v. Naumann, 2017 BCCA 158 at paras. 70‑73 (majority per D. Smith J.A.) and paras. 56‑58 (Goepel J.A., dissenting).
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