Does a wrongful act, neglect or default that would have entitled the injured party to maintain an action and recover damages?
Alberta, Canada
The following excerpt is from Cable Estate v. Ferguson, 2008 ABQB 343 (CanLII):
This analysis also makes clear that “a wrongful act, neglect or default that would ... have entitled the injured party to maintain an action and recover damages” means a wrongful act that creates a right to an action and damages in court, not by some other means. The same conclusion was drawn by Belzil J. in Chochla v. Visa Truck Rentals (1991) Ltd., op cit at para. 35, though this judgment does not reference Cheeseman.
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