Friday, March 11, 2016


I recently read an American case where a sportscaster received a judgment for over $50,000,000 for the harm cause when a peeping tom took some nude pictures of her in a hotel. The hotel was at fault and had been careless in protecting the sportscaster's privacy.

I thought more about the case. The sportscaster had not lost a job or any material assets; indeed she had thrived professionally since the incident. She was not physically injured. Her losses, and they were real, were from the hurt and humiliation suffered. Certainly that loss is worth something but is it really worth over $50,000,000?

In Canada the answer is clearly no.

The amount of money a court will award for an injury depends very much on the injury itself; but the amount recoverable in Canada is based in large part on the quantifiable loss and hurt, embarrassment or pain and suffering is strongly limited. Damages are awarded for actual loss so as to put you in the position that you would have been in had you not suffered the wrong complained of. The aim is to "make the injured party whole again".

The Supreme Court of Canada has said: "The general principles underlying our system of damages suggest that a plaintiff should receive full and fair compensation, calculated to place him or her in the same position as he or she would have been in ,,, , insofar as this can be achieved by a monetary award."

Damages are calculated a little differently for cases based on breach of contract and cases based on careless injury.

In a breach of contract, the measure of damages is the amount of money that would put you in the position you would be in had the contract been performed. So in a breach of contract case you get things like lost profits.

In a careless injury case – say where someone accidentally knocked you over and broke your leg – you get damages sufficient to put you in the position you would have been in if the injury had not occurred. So in that type of case you get lost wages and money for taxi rides you had to take because you couldn't walk to work.

In terms of quantifiable loss there is no limit to the damages payable. If, tragically, you are injured by someone and a Court is to determine your damages that determination will be based mainly on what you lost – in terms of income – and what you need to give you reasonable care until (and if) you recover. If that means you lost income of $4,000,000 then you will get a a lost income award if $4,000,000. If that means you need $8,000,000 for special nursing care then that is what you will receive as an award. Your pain and suffering will receive some recognition but the Court recognizes that money cannot compensate for pain and so any award is arbitrary. As a result many years ago the Court said the most you can get for pain and suffering is $100,000. Now there has been inflation since and the cap is now closer to $300,000. But $300,000 is a lot less than $50,000,000.

That means that in many lawsuits there may be a wrong but there is not much that can be recovered in damages.

Suppose you were fired from your job of ten years. There was no cause to fire you. But you were fired and almost immediately got another job that paid more money than the one you lost. In that case you probably have almost no quantifiable damages. Yes you were insulted and offended and hurt – but you lost no money and so suing is likely not worth it.

Another point to consider is that being awarded damages does not mean you will be paid anything. If I get judgment against someone without money there is no way I will be paid. That's important to remember because before you spend money on a lawsuit decide if the person you are suing can possible pay.


ninest123 said...

oakley sunglasses, nike free, oakley sunglasses, uggs on sale, tory burch outlet, replica watches, michael kors, christian louboutin outlet, cheap oakley sunglasses, nike air max, ray ban sunglasses, louis vuitton outlet, nike air max, tiffany and co, louboutin outlet, prada outlet, nike outlet, oakley sunglasses, prada handbags, burberry, ray ban sunglasses, longchamp outlet, longchamp pas cher, polo ralph lauren outlet, longchamp, ugg boots, longchamp outlet, tiffany jewelry, ray ban sunglasses, jordan shoes, nike roshe run, kate spade outlet, ralph lauren pas cher, gucci outlet, louis vuitton, louboutin pas cher, sac longchamp, chanel handbags, oakley sunglasses, louis vuitton outlet, replica watches, ugg boots, louboutin shoes, air jordan pas cher, louboutin, nike free, louis vuitton, louis vuitton, polo ralph lauren outlet, air max

ninest123 said...

ugg boots, timberland, michael kors, hogan, ray ban pas cher, hermes, new balance pas cher, burberry outlet online, north face, coach outlet, kate spade handbags, sac guess, lacoste pas cher, nike roshe, true religion jeans, nike blazer, hollister pas cher, oakley pas cher, ugg boots, true religion jeans, michael kors outlet, coach purses, tn pas cher, ralph lauren uk, nike air max, michael kors outlet, michael kors outlet, lululemon, nike air max, michael kors outlet, coach outlet, hollister, north face, michael kors, michael kors outlet, ray ban uk, mulberry, abercrombie and fitch, nike air max, replica handbags, vanessa bruno, true religion jeans, vans pas cher, nike free run uk, burberry, converse pas cher, michael kors, michael kors, true religion outlet, air force

ninest123 said...

herve leger, timberland boots, giuseppe zanotti, iphone cases, insanity workout, mac cosmetics, reebok shoes, hollister, bottega veneta, vans shoes, soccer shoes, gucci, mont blanc, new balance, soccer jerseys, nike roshe, babyliss, converse, valentino shoes, ray ban, jimmy choo shoes, birkin bag, north face outlet, nike air max, baseball bats, nike air max, hollister, louboutin, nike trainers, instyler, ralph lauren, chi flat iron, hollister, ferragamo shoes, vans, nfl jerseys, converse outlet, mcm handbags, nike huarache, celine handbags, p90x workout, wedding dresses, abercrombie and fitch, north face outlet, longchamp, lululemon, ghd, oakley, asics running shoes, beats by dre

ninest123 said...

canada goose uk, louis vuitton, swarovski, thomas sabo, canada goose outlet, doudoune canada goose, supra shoes, links of london, karen millen, moncler, sac louis vuitton pas cher, pandora jewelry, ugg,ugg australia,ugg italia, hollister, wedding dresses, juicy couture outlet, canada goose, moncler, barbour jackets, marc jacobs, pandora charms, toms shoes, pandora charms, bottes ugg, coach outlet, montre pas cher, canada goose outlet, louis vuitton, moncler, louis vuitton, ugg pas cher, ugg boots uk, barbour, lancel, pandora jewelry, moncler, louis vuitton, moncler, swarovski crystal, juicy couture outlet, canada goose, moncler outlet, canada goose, moncler, replica watches, ugg,uggs,uggs canada, canada goose, moncler

Blogger said...


Professional trading signals sent to your mobile phone every day.

Follow our trades NOW and make up to 270% daily.

Blogger said...

eToro is the ultimate forex broker for rookie and advanced traders.