Can a plaintiff recover damages for lost wages from a defendant in a tort action?
Ontario, Canada
The following excerpt is from Demers v. B.R. Davidson Mining & Development Ltd., 2011 ONSC 2046 (CanLII):
In Cunningham v. Wheeler, Cory J. stated, at paras. 126-27: The recovering of tax damages for lost wages is a matter between the state and the individual, and does not affect the damages due to the plaintiff from the defendant[.][page536] The taxation of damages for lost income is a question which should be left to the legislatures which can, if they wish, readily pass amendments to make damages for lost income taxable.
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