In a personal injury action, can damages be assessed before the amount of damages has been determined?
British Columbia, Canada
The following excerpt is from Chalmers v. AMO Canada Company, 2010 BCCA 560 (CanLII):
In Chace v. Crane Canada, it was similarly recognized that the amount of the damages could not be assessed until compensatory damages had been determined. In upholding the certification of a common issue to determine whether the defendant’s conduct justified an award of punitive damages, Madam Justice Huddart said the following:
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