Can a waiver of tort claim be assessed in the aggregate?
Ontario, Canada
The following excerpt is from Cannon v. Funds for Canada Foundation, 2012 ONSC 399 (CanLII):
If waiver of tort is a remedy, it will only be of interest if the plaintiff establishes a cause of action or other wrongdoing: Aronowicz v. Emtwo Properties Inc. at para. 82. The nature of the cause of action and the damages recoverable will then determine whether the plaintiff and Class members have any interest in waiving their damages and claiming disgorgement. (k) If so, can the damages based upon a waiver of tort claim be assessed in the aggregate, and if so, in what amount?
"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 damages be assessed on an aggregate basis in an overtime claim? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
Can a claim for psychological injury be assessed on an aggregate basis? (Ontario, Canada)
When will a motion judge apply the same law to a property related claim and a support claim? (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)
In a medical malpractice action, can provincial insurers who have subrogated claims be included in the claim? (Ontario, Canada)
Is a plaintiff's new statement of claim that describes the nature of their employment contract relevant to a whistleblowing claim? (Ontario, Canada)
Does the fact that a tenant never raised the issue of their possessory claim until 1991 affect the validity of the claim? (Ontario, Canada)
Does the doctrine of contemporaneous exposition apply to a contract where the contract states that the assessment contemplated was the assessment upon which taxes would be imposed in the next year? (Ontario, Canada)
Does a religious institution have to be assessed for purposes of assessment purposes? (Ontario, Canada)
