What is the test for damages for irreparable damage in a personal injury case?
Ontario, Canada
The following excerpt is from Canadian American Tank Lines Inc. v. 6456871 Canada Limited, 2007 CanLII 37675 (ON SC):
“Irreparable” refers to the nature of the harm suffered rather than its magnitude. It is harm that cannot be quantified in monetary terms or which cannot be cured, usually because one party cannot collect damages from the other. (See RJR-Macdonald v. Canada, 1994 CanLII 117 (SCC), [1994] S.C.J. No. 17 (S.C.C.) para. 59.)
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