What is the test for uniqueness of damages in a personal injury case?
Saskatchewan, Canada
The following excerpt is from Bublish v Turanich, 2017 SKQB 240 (CanLII):
Jackson J.A. opined at paragraph 81: 81 In my respectful opinion, several difficulties arise with these reasons. First, the trial judge viewed “uniqueness” and the “adequacy of damages” as distinct questions, each to be answered independently of the other. Indeed, he considered whether the property is unique before considering whether damages would be adequate remedy. As such, he has not given effect to the change of law brought about by Semelhago v. Paramadevan, 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415.
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