Category Archives: Damages

Principles relating to the assessment of damages.

C.A. Finds that Award for Loss of Competitive Advantage Does Not Attract Prejudgment Interest

Posted on January 17, 2008 by Stephen Cavanagh

In our February 2, 2007 post about Cerilli v. City of Ottawa, we noted that the trial judge had awarded prejudgment interest on damages for loss of competitive advantage. We noted that in at least one other case, the trial … Continue reading →

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Judge Says, “Plaintiff’s Evidence Is Not Credible” But Awards $400,000 for Loss of Competitive Advantage

Posted on January 10, 2008 by Stephen Cavanagh

In a decision that will alarm insurance companies, Mr. Justice Bernard Manton has awarded damages of $400,000 for loss of competitive advantage to a plaintiff who was injured in an accident at a Home Depot store. This award is more than … Continue reading →

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Death Benefits Not Deductible from Tort Damages

Posted on July 3, 2007 by Stephen Cavanagh

In brief supplementary reasons, given in Wright v. Hannon (the original reasons for judgment can be accessed here), Mr. Justice Randall S. Echlin held (or perhaps “confirmed” would be a better word), that statutory accident death benefits are properly characterized as … Continue reading →

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ODSP Benefits Not Deductible from MVA Damages

Posted on May 7, 2007 by Stephen Cavanagh

In Moss v. Hutchinson & Associates, Mr. Justice Peter Howden has ruled that benefits received by a plaintiff from the Ontario Disability Support Program (“ODSP”) are not deductible from an award of tort damages. The action arose out of a … Continue reading →

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$400,000 in Interest Payable on 10 Years’ of Accident Benefits Improperly Terminated in 1997 (but Plaintiff had Fully Recovered by 1998!)

Posted on April 29, 2007 by Stephen Cavanagh

A new decision of the Ontario Superior Court is a painful reminder to auto insurers of the importance of following the correct procedure in terminating statutory accident benefits. The failure of the insurer to use the correct form of notice … Continue reading →

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Plaintiff Not Catastrophically Injured Where Two GCS Readings Below 10/15 in First 30 Minutes after Accident

Posted on April 27, 2007 by Stephen Cavanagh

UPDATE: this decision was reversed by the Court of Appeal on July 17, 2009. The reasons of the Court may be accessed here. The panel agreed that, the plaintiff having had a Glasgow Coma Scale reading of 9/15 within a … Continue reading →

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Thorburn J. Discusses What’s Required for Court Approval of Settlements

Posted on March 27, 2007 by Stephen Cavanagh

In Rivera v. Leblond, Madam Justice Julie Ann Thorburn was asked to approve the settlement of the claim of a cyclist who had suffered a serious head injury when struck from behind by an automobile. In the course of her … Continue reading →

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SCOTUS Overturns Punitive Damages Award in Tobacco Case

Posted on February 20, 2007 by Stephen Cavanagh

The Supreme Court of the United States has overturned a $79.5 million punitive damages award made by an Oregon jury against cigarette manufacturer Philip Morris USA. In Philip Morris USA v. Williams, the widow of a heavy smoker named Jesse … Continue reading →

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Court Accepts Expert Testimony, Reduces Rule 53.09 Discount Rates for Future Health Care Expenses

Posted on February 5, 2007 by Stephen Cavanagh

In Gordon v. Greig, Justice Bruce A. Glass has assessed damages arising out of catastrophic injuries to two young men who were involved in the same motor vehicle accident. Both were awarded general non-pecuniary damages of $310,000, the maximum available … Continue reading →

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PJI Payable on Damages for Loss of Competitive Advantage?

Posted on February 2, 2007 by Stephen Cavanagh

Last month, Justice Colin McKinnon gave judgment for the plaintiff against the City of Ottawa in a slip-and-fall case: Cerilli v. Ottawa (City). (Justice McKinnon probably did not endear himself to the city fathers (and mothers) with the opening words … Continue reading →

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