In what circumstances have courts declined to certify aggregate damages for personal injury?
Ontario, Canada
The following excerpt is from Papassay v The Queen (Ontario), 2017 ONSC 2023 (CanLII):
In Bywater v. Toronto Transit Commission, [1998] O.J. No. 4913, the plaintiffs claimed for damages for personal injury suffered in a subway fire. The court declined to certify aggregate damages. At para. 18, the court commented that the claims for personal injury, property damage and under the Family Law Act could not “reasonably be determined without proof by individual class members.”
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