What is the test for determining whether a plaintiff is entitled to a lump sum of damages from the Court of Appeal?
Ontario, Canada
The following excerpt is from Weingerl v. Seo, 2005 CanLII 21356 (ON CA):
I would adopt the view of Dickson J. from Andrews v. Grand & Toy, 1978 CanLII 1 (SCC), [1978] 2 S.C.R.229 at 261 that, “The award must be fair and reasonable, fairness being gauged by earlier decisions; but the award must also of necessity be arbitrary or conventional.”
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