In a motor vehicle accident, is a plaintiff entitled to a 20% contingency discount for future losses?
Ontario, Canada
The following excerpt is from Noiles v. MTD Products Inc., 2019 ONSC 4642 (CanLII):
Overall, and in any event, the defendants assert that modest damage awards are appropriate and a 20 percent contingency discount should be applied to any damages awarded for future losses relying on the SCC decision in Andrews v. Grand & Toy Alberta Ltd., 1978 CanLII 1 (SCC), [1978] 2 SCR 229 given that there is no actuarial evidence before the court on the issue of contingencies.
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