What is the test for determining the amount of damages a successful litigant must pay?
Ontario, Canada
The following excerpt is from 1238915 Ontario Limited v. Ferri, 2022 ONSC 1860 (CanLII):
My overall task is to fix an amount that is fair and reasonable for the unsuccessful party to pay in this proceeding, and not an amount fixed by the actual costs incurred by the successful litigant: Boucher v. Public Accountants Council for the Province of Ontario, 2004 CanLII 14579, at para. 24. Analysis
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